DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 8003-07
21 November 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 19 November 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 11 August 1980.
On 23 April 1982 you received nonjudicial punishment for two
periods of unauthorized absence. On 11 October 1983 you were
convicted by civil authorities of robbery and use of a firearm in
the commission of a felony. The court sentenced you to
confinement for ten years with eight years suspended, and three
years probation. You were released from prison and restored to
duty on 10 June 1984. On 14 June 1984, you received nonjudicial
punishment for disrespect and assault on a superior by striking
him with a helmet.
A special court-martial convened on 16 July 1984 and found you
guilty of seven periods of unauthorized absence of a total
duration of about seven months. The court sentenced you to
confinement at hard labor for 60 days, forfeiture of $200 per
month for three months, and a bad conduct discharge. You were
separated from the Navy on 28 May 1986, with a bad conduct
discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and personal
problems, but concluded that those factors are insufficient to
warrant upgrading your discharge given the large number and
serious nature of your civil and military 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,
daar
W. DEAN PFE
Executive Die t
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