DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
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cee eH
WASHINGTON DC 20370-5100
BAN
Docket No: 01861-08
14 October 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 9 October 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 18 July 1979, and served without
disciplinary incident until 29 November 1979, when you received a
nonjudicical punishment (NJP) for an unauthorized absence (UA).
Shortly thereafter, on 17 December 1979, you received another NUP
for UA and disobeying a lawful order. On 2 June 1980, you were
charged and found guilty at a summary court-martial (SCM) for UA,
failure to obey a lawful order, and carrying a concealed weapon.
Following the SCM, you received the following NJP’s: on 26
September 1980, UA, failure to obey a lawful order, disrespect in
language to a superior, and assault, and on 30 December 1980, UA,
and failure to obey a lawful order.
On 13 January 1981, you were charged and found guilty at a
special court-martial for failure to obey a lawful order,
possession of an illegal drug, and destruction of government
property. You received a bad conduct discharge (BCD). On 16
November 1982, you were discharged with a BCD and 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,
Lo Mee
W. DEAN PFE
Executive Dine xr
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