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NAVY | BCNR | CY2007 | 04731-07
Original file (04731-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SIN
Docket No: 04731-07

21 February 2008

 

application for correction of your

This is in reference to your
“Travat record pursuant to the provistons of Titte t0 oF the tnttred:

States Code, section 1552.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 13 February 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.

you enlisted in the Navy on 11 December 1981 at age 19. On
30 March 1982, you received nonjudicial punishment (NJP) for

disobedience, and drunk and disorderly conduct. on 14 April
1983, you were convicted by special court-martial (SPCM) of five

specifications of unauthorized absence totaling 56 days, selling

and transferring marijuana, and wrongful appropriation of
You were sentenced to confinement at hard labor, a

cigarettes.
forfeiture of pay, a reduction in paygrade, and a bad conduct
discharge (BCD). 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, overall record of service, the character reference

letters accompanying your application, and post service
accomplishments. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of your
discharge given your conviction by SPCM for very serious
offenses. 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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