DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 .
SUN
Docket No: 08157-08
7 July 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 1 July 2009. Your ailegations 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 and began a period of active duty on
25 November 1986 at age 20. Om 7 October 1987, you received
nonjudicial punishment (NJP) for dereliction of duty. On
4 February 1988, you were convicted by special court-martial
(SPCM) of a brief period of unauthorized absence, two.
specifications of leaving your appointed place of duty, two
specifications of disrespect, and use of marijuana while onboard
ship. You were sentenced to a reduction in paygrade, a
forfeiture of pay, confinement, and a bad conduct discharge
(BCD). You received the BCD after appellate review was
completed.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant vrecharacterization
of your discharge given your record of NJP and conviction by SPCM
for very serious cffenses. Accordingly, your application has
been denied. The names and votes of the members of the panel
will be furnished upon wequest.
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,
Loar,
W. DEAN PFHRIF
Executive DNredtér
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