DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 06266-07
1 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 29 April 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 tound the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 25 May 1982 at age 18. During the
period from 27 January 1983 to 29 September 1983 you received
five nonjudicial punishments (NJP’s) for two brief periods of
unauthorized absence (UA), two instances of dereliction of duty,
five instances of failure to go to your appointed place of duty,
and wrongful use of marijuana.
On 10 October 1983, you began a period of UA that lasted 106
days, ending on 24 January 1984. On 31 January 1984, you were
convicted by special court-martial (SPCM) of that period of UA
and sentenced to confinement at hard labor, a forfeiture of pay,
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 and overall record of service. Nevertheless, the
Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your five NUP, one of
which was for drug use, and conviction by SPCM for a period of UA
lasting over three months. 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,
| an DB
ROBERT D.~ZSALMAN
Acting Executive Director
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