DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON Dc 20370-5100 CRS
Docket No: 4435-09
29 May 2009
‘This is in reference to your application for correction.of your
naval record pursuant to the provisions or 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 28 May 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 7 May 1982. You
received three nonjudicial punishments for offenses that included
four periods of unauthorized absence, and two order violations.
A special court-martial convened on i0 February 1986 and found
you guilty of a unspecified period of unauthorized absence. The
court sentenced you to forfeitures of $100.00 per month for two
months, reduction in rank, and a bad conduct discharge. You were
discharged with a bad conduct discharce on 16 April 1987.
In its review of your application the Board carefully weighed ail
potentially mitigating factors, such as your youth, overail
record of service, and the contention that since the Navy does
not have a copy of your special court-martial record of trial,
the trial never occurred. The Board concluded that those factors
were insufficient to warrant recharacterization of your
discharge, given your extensive disciplinary record. Further,
while you provided evidence that the record of your trial by
special court-martial cannot be located, it does not mean thak
the trial did not occur or that you did not receive a bad conduct
discharge. 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,
Executive Dir
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