DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
SIN
Docket No: 08242-08
10 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 8 July 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 reenlisted in the Navy on 3 March 1983 after serving over
three years of honorable service. On 6 May 1983, you received
nonjudicial punishment (NUJP) for wrongful use and possession of
marijuana. You remained on active duty for three more years
until 11 March 1987, when you were convicted by special court-
martial (SPCM) of 394 days of unauthorized absence (UA). You
were sentenced to a reduction in paygrade, 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 recharacterization
of your discharge given your record of NUP for drug use, and
conviction by SPCM for a period of UA that lasted over 13 months..
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,
\p |
W. DEAN PF
Executive
NAVY | BCNR | CY2009 | 01450-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 December 2009. During the period from 16 May 1983 to 23 April 1984, you had three periods of UA totaling 295 days. 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.
NAVY | BCNR | CY2008 | 09355-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5106 BAN Docket No: 09355-08 10 August 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 5 August 2009. Documentary material considered by the Board consisted of your...
NAVY | BCNR | CY2007 | 06266-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 April 2008. After careful and conscientious consideration of the entire record, the Board tound the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2011 | 05649 11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 February 2012. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2004 | 01209-04
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 The Board found that you enlisted in the Navy on 17 July 1978 at age 18. On 21 March 1986 you were convicted by a second SPCM for the foregoing 1240-day period of...
NAVY | BCNR | CY2007 | 02523-07
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 12 June 1981 at age 19. On 1 October 1984 you received the BCD after...
NAVY | BCNR | CY2006 | 02523-07
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 12 June 1981 at age 19. On 1 October 1984 you received the BCD after...
NAVY | BCNR | CY2008 | 03391-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 March 2009. 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. 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...
NAVY | BCNR | CY2009 | 02686-09
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. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2008 | 09403-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 July 2009. On 8 September 1986 you received NUP for a 31 day period of unauthorized absence (UA). 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.