DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 07682-08
8 May 2009
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 6 May 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 18 August 1987, and served without
disciplinary incident until 26 June 1988, when you received
nonjudicial punishment (NUJP) of three specifications of
unauthorized absence (UA), totaling six days, attempting to alter
a military identification card, and failure to obey a lawful
order. Further, on 18 November 1988, you were convicted at a
special court-martial (SPCM) of three specifications of (UA),
totaling in excess of 30 days, missing ship’s movement,
disrespect to a chief petty officer, and breaking restriction.
As part of your sentence, you received a bad conduct discharge
(BCD) .
After appellate review was completed, on 13 February 1990, you
were separated from naval service with a BCD and an RE-4
reenlistment code due to your conviction at a SPCM.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and your claim that relevant information was not
presented by your attorney during your SPCM. However, you had
the right to appeal your case to higher authority and present any
additional information that was not previously presented by your
counsel. Therefore, 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,
Executive Dir
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