DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20376-5100
CRS
Docket No: 6191-08
25 November 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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 24 November 2009. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 11 March 1976.
You received nonjudicial punishment on four occasions for
offenses that included unauthorized absences, missing movement,
dereliction of duty, and larceny.
A special court-martial convened on 7 September 1977 and found
you guilty of attempting to damage government property worth over
$21.000.00 and intentional infliction of attempting to inflict
grievous bodily harm. The court sentenced you to confinement at
hard labor for five months, forfeiture of $249.00 pay per month
for six months, reduction in rate, and a bad conduct discharge.
Thereafter, you received nonjudicial punishment for unauthorized
absence and making a false official statement. Your were
separated from the Navy on 27 July 1978 with a bad conduct
discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and overall
service. The Board concluded that those factors were
insufficient to warrant recharacterization of your service, given
your extensive disciplinary record. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
It ig 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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