DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5109
SJN
Docket No: 02544-09
28 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 26 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
17 April 1978 at age 17. On 2 March 1978, you received
nonjudicial punishment (NJP) for disrespectful language and
communicating a threat. On 4 April 1979, you began a period of
unauthorized absence (UA) that lasted 190 days, ending with your
apprehension by civil authorities on 11 October 1979. On
6 December 1979, you began another period of UA that lasted five
days, ending on 11 December 1979. On 8 January 1980, you were
convicted by special court-martial (SPCM) of two periods of UA
totaling 195 days, possession of marijuana, and assault and
battery. You were sentenced to confinement at hard labor and a
bad conduct discharge (BCD). However, the convening authority
suspended your BCD for a period of 12 months. On 3 March 1980,
you were counseled and warned that further misconduct could
result in administrative discharge action. On 22 October 1980,
you began yet another period of UA that lasted 70 days, ending on
1 December 1980. You received the BCD after appellate review was
completed on 27 February 1981.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, post service conduct, and health issues. Nevertheless,
the Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your record of NUP,
conviction by SPCM for periods of UA totaling over six months,
and the fact that you were given a opportunity to earn a better
characterization of service when the BCD you received was
suspended, but failed to do so as evidenced by your continued
misconduct by going UA for over two 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,
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