DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 03023-09
27 January 2010
Thig 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.
BR 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 on 16 September 1977, at the age of 17.
On 13 March 1978, you received nonjudicial punishment (NJP} for
possession of marijuana and being in an unauthorized absence (UA)
status for two days. On 7 August 1978, you were convicted at a
special court-martial (SPCM) for being UA on five occasions,
totaling 42 days, failing to go to your appointed place of duty,
three instances of breaking restriction and escaping confinement.
You were sentenced to a forfeiture of $500, confinement at hard
labor for 35 days and a bad conduct discharge (BCD). On
24 August 1978, the discharge authority directed the execution of
your BCD. On 30 March 1979, after appellate review, you were 80
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 yecharacterization
of your discharge given your record of one NUP and conviction by
SPCM. 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
axistence of probable material error or injustice.
Sincerely,
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