DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 00325-09
9 November 2009
This is in reference to your application for correction of your
. Naval record pursuant. to the provisions of title 10,.0f the.
United States Code, section 1552. :
A three-member panel of the Board for Correction of. Naval..—
Records, sitting in executive session, considered your. .
appl ication on 4 November 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 11 January 1979, at the age of 21.
On 10 June 1980, you received nonjudicial punishment (NJP) for.
being in an unauthorized absence status (UA) for 20 days, failure
to obey a lawful order, disrespectful language, wrongfully using
provoking language, and wrongfully using threatening insults. On
9 December 1981 you received NJP for another period of. UA. - On.
10 April 1981, you were convicted at a special court-martial
(SPCM) for another six day period of UA, missing your ship’s
movement and striking a fellow service member in the back of the
head with a ball peen hammer. You were sentenced to a forfeiture
of $780, reduction in pay grade to E-1i, confinement to hard labor
for three months and a’ bad conduct discharge (BCD). .On 25
September 1981, you were convicted at a summary court-martial
(SCM) for wrongful possession of cocaine, twelve tablets of LSD,
and marijuana, striking a fellow service member, assault,
willfully disobeying a lawful order and resisting apprehension.
You were sentenced to a forfeiture of $279 and 30 days
‘confinement .
On 27 November 1981, you received NJP for another period of UA.
On 10 March 1982, the discharge authority directed the execution
of your BCD. On 11 June 1982, you were so discharged,
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 three NUP’s and
convictions by SPCM and SCM. 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 1 material error. or injustice. ;
Sincerely, 4
ADSe .
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