DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
' 2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 05034-06
24 November 2006
, ~ SUE FOI em - .
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the United
States Code, section 1552. OS
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 November 2006. -Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable -statutes, regulations,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice. .
You enlisted in the Navy on 27 December 1982 at age 19. During
the period from 25 January to 26 October 1984 you received four
nonjudicial punishments (NJP’s) for wrongful use of a controlled
substance, dereliction of duty five instances of failing to go to
your appointed place of duty, and misbehavior of a sentinel.
Additionally, you were counseled and warned on three different
occasions, that further misconduct could lead to administrative
separation. On 18 June 1985, you were found guilty of profane
swearing by civil authorities and ordered to pay a fine. On 28
June 1985 you received a fifth NUP for a five-day period of
unauthorized absence (UA) and two.specifications of missing
ship’s movement. On 9 August 1985 you began a period of UA that
lasted 63 days, ending in your apprehension on 11 October 1985.
On 7 November 1985 you received your sixth NUP for wrongful
possession of a controlled substance.
On 18 November 1985 you were convicted by special court-martial
(SPCM) of the 63 days of UA. You were sentenced to confinement
at hard labor, forfeitures of pay, and a bad conduct discharge. .
On 24 November 1987 you received the BCD after appellate review
was completed.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, time in service, and post~-service problems. However,
the Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your record of six
NUP’s, two of which involved drug abuse, the civil conviction,
and especially the conviction by SPCM for more than two months of
UA. Accordingly, your application has been denied. The names
and votes of the members of the panel will be: furnished upon
request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a ,
presumption of regularity attaches to all official records.
Consequently, when applying. for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
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