DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 7598-07
26 June 2008
Dear “Sip.
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 24 June 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 reenlisted in the Navy on 26 June 1981 after nearly five
years of prior honorable service. However, about a month later,
on 24 July 1981, you received nonjudicial punishment (NJP) for
failure to obey a lawful order. On 6 November 1981 you received
NJP for dereliction of duty and making a false official
statement.
days. However, the record reflects that disciplinary action was
not taken for a six day period of this UA. Nonetheless, on 15
September 1983, you were convicted by special court-martial
(SPCM) of three periods of UA totalling 161 days. You were
sentenced to confinement at hard labor for 45 days, a $600
forfeiture of pay, reduction to paygrade E-1, and a bad conduct
discharge (BCD). On 30 September 1983 you were again UA for one
day but disciplinary action was not taken for this period of UA.
Subsequently, the BCD was approved at all levels of review and on
5 December 1984 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and assertion of being assaulted.
It also considered your assertion that your period of UA was
because you were traumatized after being beaten by fellow
Sailors. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct and
lengthy periods of UA from the Navy which resulted in two NJPs
and a court-martial conviction. Finally, there is no evidence in
the record, and you submitted none, to support your assertions.
Accordingly, your application has been denied.
You should contact the Department of the Navy, Navy Personnel
Command (BUPERS), Sailor Assistance Center, Code Pers-312F, 5720
Integrity Drive, Millington, TN 38055-3120 to request
administrative corrections and/or to correct typographical errors
on your Certificate of Release or Discharge from Active Duty (DD
Form 214).
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,
\ ea 2 0g
W. DEAN PFRYF
Executive D or
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