DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 7750-07
20 August 2008
© your application for correction of your
to the provisions of Title 10, United
This is in reference t
naval record pursuant
States Code, Section 11552.
A three-member panel off the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 August 2008. your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedtres 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 re¢ord, and applicable statutes, regulations,
and policies.
After careful and consdientious 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 1 August 1980 at age 19 and served
for two years without disciplinary incident. Nonetheless, on 26
August 1982, you received nonjudicial punishment (NJP) for
assault and were awarded a $75 forfeiture of pay. During the
period from 26 October [L982 to 24 April 1984 you were in an
unauthorized absence (UA) status on three occasions for 511 days.
From 25 to 29 May 1984 you were in a UA status for four days, but
the record does not reflect the disciplinary action taken, if
any, for this period of|UA. Shortly thereafter, on 11 June 1984,
you received NUP for follr periods of UA totalling 17 days and
wrongful use of marijuama. The punishment imposed was a $596
forfeiture of pay, extra duty and restriction for 45 days, and
reduction to paygrade E+1. The following day, on 12 June 1984,
you received NJP for two specifications of disobedience and were
awarded a $200 forfeiture of pay and confinement on bread and
water for three days. From 30 June to 2 July 1984 you were again
UA for four days.
On 30 July 1984 you were convicted by special court-martial
(SPCM) of the foregoimg three periods of UA totalling 511 days.
You were sentenced to
a $1,520 forfeiture of pay, confinement at
hard labor for four months, and a bad conduct discharge (BCD)
Subsequently, on 13 August 1984, you waived your right toa
clemency review. Aft
review, on 9 Septembe
The Board, in its revi
carefully weighed all
your youth and asserti
r the BCD was approved at all levels of
1985, you were so discharged.
ew of your entire record and application,
potentially mitigating factors,
on that since the Navy did not live up to
such as
its promise of “A” ScHool training, you took matters into your
own hands by going UA.
your punishment was tdo severe.
It also considered your assertion that
Nevertheless, the Board
concluded these factons were not sufficient to warrant
recharacterization of
of your repetitive and
Accordingly, your appl
Be advised that you shi
Navy Personnel Command
Pers-312F, 5720 Integr
request that an admini
title, be made on your
Active Duty (DD Form 2
The names and votes of
upon request.
It is regretted that t
favorable action canno
Board reconsider its d
your discharge because of the seriousness
lengthy periods of UA from the Navy.
ication has been denied.
ould contact the Department of the Navy,
(BUPERS), Sailor Assistance Center, Code
ity Drive, Millington, TN 38055-3120 to
Btrative correction,
such as your job
Certificate of Release or Discharge From
14).
the members of the panel will be furnished
e circumstances of your case are such that
be taken. You are entitled to have the
cision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is
mportant to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when app
ying for a correction of an official naval
record, the burden is gn the applicant to demonstrate the
existence of probable n
laterial error or injustice.
Sincerely,
\p QoS
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