DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 11234-07
14 November 2008
a
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 13 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 19 November 1980 at age 17 and served
without disciplinary incident until 13 October 1983, when you
received nonjudicial punishment (NUP) for four periods of absence
from your appointed place of duty, disobedience, and three
specifications of communicating threats. The punishment imposed
was restriction and extra duty for 30 days, a $300 forfeiture of
pay, and reduction to paygrade E-2.
On 3 February 1984 you were convicted by special court-martial
(SPCM) of assault with a dangerous weapon and jumping ship. You
were sentenced to confinement at hard labor for three months, a
$1,050 forfeiture of pay, reduction to paygrade E-1, and a bad
conduct discharge (BCD). On 25 June 1984 you began a period of
unauthorized absence (UA). During this period of UA the BCD was
approved at all levels of review, and on 19 September 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 youth, post service conduct, and assertion that you received
a BCD after being disrespected and assaulting a fellow Sailor.
It also considered your request to upgrade your discharge so that
you may obtain benefits. Nevertheless, these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct and
lengthy period of UA from the Navy. 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,
lea ,
W. DEAN PFE
Executive D xr
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