DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3372-09
19 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 5 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
1 May 1979 at age 19. On 24 October 1979, you received
nonjudicial punishment (NUP) for two instances of unauthorized
absence (UA) and failure to go to your appointed place of duty.
On 16 July 1980, you received NUP for a ‘nine day period of UA
from your unit. You were counseled and warned that further
misconduct could resuit in administrative separation. On 6
November 1980, you received NUP for two instances of UA from your
unit for a period of 20 days. On 9 February 1981, you were
convicted by special court-martial (SPCM) for a 53 day period of
UA from your unit. You were sentenced to 30 days confinement and
a bad conduct discharge (BCD). You received the BCD after
appellate review was completed.
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 the seriousness of your misconduct that
resulted in three NJP’s and one SPCM conviction. Additionally,
after your second NUP, you were counseled and warned that further
misconduct could result in administrative discharge action.
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,
\s
W. DEAN PF
Executive D
or
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