DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 11111-07
6 November 2008
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 5 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 27 January 1981 at age 18. You
served for about six months without disciplinary incident, but on
1 July 1981 you received nonjudicial punishment (NJP) for a 20
day period of unauthorized absence (UA) and on 15 September 1981
you were convicted by summary court-martial (SCM) of a 48 day
period of UA.
On 2 March 1982 you received NUP for two periods of UA totalling
44 days. About six months later, on 28 September 1982, you were
convicted by special court-martial (SPCM) of two periods of UA
totalling 49 days and wrongful possession of marijuana. You were
sentenced to confinement at hard labor for two months, a $734
forfeiture of pay, and a bad conduct discharge (BCD). The BCD
was approved at all levels of review, and on 21 September 1983
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, assertion of good post service conduct, and desire to
upgrade your discharge. Nevertheless, these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive and frequent
misconduct which resulted in two NJPs and two court-martial
convictions. 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,
Woda
W. DEAN PFEMF
Executive D t
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