DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 0085-09
19 October 2009
This is in reference to your application for correction ef 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 16 October 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 22 September 1989, and served without
disciplinary incident until 31 May 1990, when you received
nonjudicial punishment (NUP) for failure to obey a lawful order
and wrongful possession of a controlled substance. In addition,
on 12 September 1990, you were convicted at a special court-
martial (SPCM) for unauthorized absence, resisting apprehension,
and wrongfully and intentionally jumping from the ship into the
sea, and received a bad conduct discharge {BCD}. Therefore, on
23 December 1991, you were separated from the naval service with
a BCD and an RE-4 reenlistment code due to your gonviction 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 belief that enough time has elapsed to warrant
upgrading your discharge. Nevertheless, the
these factors were not sufficient to warrant
of your discharge because of the seriousness
Further, there is no provision in the law or
allows for recharacterization of service due
Board concluded
recharacterization
of your misconduct.
regulations that
solely to the
passage of time. Accordingly, your application has been denied.
The names and votes of the members of the panel wili 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,
yok
W. DEAN PFE
Executive Di
SA
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