DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 3513-07
13 May 2008
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 7 May 2008. 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.
On 25 February 1972, you enlisted in the Navy at age 18.
On 26 July 1972, you were convicted by a special court-martial
of disrespect, three instances of failure to obey a lawful
order, and three instances of assault: On 29 September 1972,
you had nonjudicial punishment for two instances of
unauthorized absence totaling about three days and two
instances of failure to go to your appointed place of duty.
On 27 June 1973, you were convicted by a general court-martial
of two instances of assault and battery, soliciting others to
commit murder, and two instances of communicating a threat.
The sentence included confinement, forfeitures of pay, anda
Gishonorable discharge (DD). The confinement was subsequently
reduced and the DD was also reduced to a bad conduct discharge
(BCD). After the BCD was approved at all levels of review, on
5 December 1974, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due
to the seriousness of your misconduct. Therefore, the Board
concluded that the discharge was proper as issued and no change
is warranted. 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,
Re RD Toa,
\ .
ROBERT D G SALMAN
Acting Executive Director
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