DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 5252-08
8 April 2009
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 7 April 2009. The names and votes of the
members of the panel will be furnished upon request. 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 22 June 1977 at age 17 and served for
nearly six months without disciplinary incident. However, during
the period from 10 January to 1 June 1978, you received
nonjudicial punishment (NJP) on three occasions for six periods
of absence from your appointed place of duty and a one day period
of unauthorized absence (UA).
During the period from 15 January to 21 November 1979 you
received three more NUPs for a one day period of UA, three
periods of absence from your appointed place of duty, and
disobedience. You were also convicted by civil authorities of
disorderly conduct, and possession of alcoholic beverages, and
convicted by summary court-martial of four periods of UA
totalling 34 days, disobedience, and resisting arrest.
fou received six more NJPs during the period from 26 June to 19
December 1980 for five periods of absence from your appointed
place of duiy, a four day period of UA, three specificalions of
disobedience, failure to obey a lawful order, disorderly conduct,
‘lereliction of duty, eud disrespect.
On 9 January 1981 you received NUP for two periods of absence
from your appointed place of duty and disobedience. About 10
days later, on 19 January 1981, you were convicted by special
court-martial (SPCM) of a 12 day period of UA and missing the
movement of your ship. You were sentenced to a $600 forfeiture
of pay, restriction and hard labor for 60 days, and a bad conduct
discharge (BCD). Six months later, on 29 June 1981, you received
NUP for disobedience.
On 9 August 1982 you began another period of UA that was not
terminated until 25 August 1982. However, the record does not
reflect the disciplinary action taken, if any, for this
misconduct. Subsequently, the BCD was approved at all levels of
review, and on 16 September 1982 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 and desire to upgrade your discharge. It also
considered your assertion that you contributed significantly to
the Navy by providing honorable service as a signalman.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your BCD because of
the seriousness of your repetitive misconduct in both the
military and civilian communities, which resulted in 14 NUPs, two
court-martial convictions, and conviction by civil authorities.
Finally, there is no evidence in the record, and you submitted
none, to support your assertion of honorable service as a
signalman. Accordingly, your application has been denied.
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,
W. DEAN PFET
Executive Di
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