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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 8621-06
17 July 2007
vie
This is in reference to your application:-for correction of your
naval record pursuant to the- provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 17 July 2007. 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 6 July 1979 at age 17 and served
without disciplinary incident until 24 March 1980, when you
received nonjudicial punishment (NJP) for a four day period of
unauthorized absence (UA). The punishment imposed was .
correctional custody for 10 days, restriction, and a $50
forfeiture of pay.
On 29 November 1982 you received NJP for two periods of absence
from your appointed place of duty and two specifications of
disobedience. The punishment imposed was restriction for 30 days
and a $365 forfeiture of pay.
On 21 March and again on 27 April 1983 you received NJP for to
specifications of disobedience and absence from your appointed
place of duty. On 1 June 1983 you were convicted by special
court-martial (SPCM) of possession of and intent to distribute
marijuana aboard your ship. You were sentenced to confinement at
hard labor for three months, an $1,500 forfeiture of pay,
reduction to paygrade E-1, and a bad conduct discharge (BCD). On
15 July 1983 you submitted a written request for suspension of
the BCD. Your request stated, in part, as follows:
Request suspension of the discharge.... I am here because
one day at work I found a bag of clothing and bought it to
my locker. Then I went back to work, when I got off I went
through the bag and found marijuana and planned turning it
in, but our squadron had a health and welfare search before
I could do so. I told my lawyer and he told me to plead
guilty, because I could be charged with grand thief and sent
to general court-martial with two charges. I believe my
sentence was unjust to my behalf.
On 16 August 1983 you began a period of appellate leave. After
the BCD was approved at all levels of review, on 18 June 1990 you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and request to recharacterize your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct which
resulted in four NUJPs, a court-martial conviction, and included
drug abuse. 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,
Nees
A
Executive Di t
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