DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 00498-08
27 August 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 27 August 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 in January 1977. You served without
disciplinary incident until June 1977, when you received a
nonjudicial punishment (NJP) for unauthorized absence (UA).
Shortly thereafter, you were charged and found guilty at the
following NJP’s: In September 1977, UA, December 1977, UA,
September 1978, UA, October 1978, breaking restriction and
disobeying a lawful order, and in November 1978, breaking
restriction and disobeying a lawful order. In May 1979, you
received a special court-martial for assault, were found guilty
and awarded a bad conduct discharge (BCD). In April 1979, while
awaiting final disposition to your special court-martial
conviction, you received another NJP for desertion and drug
possession.
On 7 January 1981, pursuant to the provisions of the Bureau of
Naval Personnel (BUPERS) Manual Article 3850190, you were
separated from the naval service with a BCD and with an RE-4
reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct. 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,
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