DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX :
WASHINGTON DC 20370-5100
CRS
Docket No: 9182-08.
11 January 2010
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 6 January 2010. 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 reenlisted in the Navy on 4 March 1985.
You received nonjudicial punishment on two occasions for offenses
that included wrongful use of marijuana, insubordination, and
disrespect. ,
A special court-martial convened on 14 July 1986 and found you
guilty of an unauthorized absence and missing movement. The
court sentenced you to confinement at hard labor for 35 days,
forfeiture of $426.00 per month for two months; reduction in pay
grade, and a bad conduct discharge.
In its review of your application the Board carefully weighed ali
potentially mitigating factors, such as your youth and personal
problems with a shipmate. The Board concluded that those factors
were insufficient to warrant recharacterization of your service,
given the serious nature 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 entitied 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,
lon SPL
W. DEAN PF
Executive Dike
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