DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 08942-08
23 July 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 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 enlisted in the Navy on 1 March 1973, and served without
disciplinary incident until 7 January 1974, when you were
convicted at a special court-martial (SPCM) for unauthorized
absence (UA). Shortly thereafter, on 8 August 1974, you received
nonjudicial punishment (NUP) for UA, failure to obey a lawful
order, and failure to maintain sufficient funds in your checking
account.
Additionally, on 16 October 1974, you were convicted at another
SPcM for disrespect toward an officer, failure to obey a lawful
order, resisting arrest by military police, and sleeping on post.
On 18 April 1975, you were convicted yet again at another SPCM
for UA, in excess of three months. As part of your sentence, you
received a bad conduct discharge (BCD). After appellate review,
on 26 February 1976, you were separated with a BCD and an RE-4
reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and claim that your father was gravely ill. 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,
Ip Seae Pel
W. DEAN PFET
Executive Dik
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