DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100.
TJIR
Docket No: 6381-07
29 April 2008
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 22 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 found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
and began a period of active duty on 28 September 1976. During
the period from 21 January 1976 to 2 May 1978 you received
nonjudicial punishment (NJP) on four occasions for wrongful
possession and use of marijuana, gambling, a three day period of
unauthorized absence (UA), absence from your appointed place of
duty, and failure to obey a lawful order
(SPCM) of two periods of UA totalling 69 days, missing the
movement of your ship, and disobedience. You were sentenced to
confinement at hard labor for two months and a bad conduct
discharge (BCD). After the BCD was approved at all levels of
review, on 22 August 1980 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, post service conduct, and assertion that your
punishment for being UA was too harsh. Nevertheless, the Board
concluded these factors were not sufficient to warrant
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.
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,
W. DEAN
Executive D
ND
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