DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 10522-09
8 July 2010
Dear Iamagaeananaigets
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 7 July 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Navy on 6 October 1986. You were convicted by a
special court-martial (SPCM) of unauthorized absence (UA) ,
which consisted of five specifications totaling 73 days, and
possession of marijuana. You were notified of pending
administrative discharge processing with an other than
honorable discharge due to misconduct. You exercised your
procedural right to an administrative discharge board (ADB).
The ADB met and found that you had committed misconduct, but
recommended retention. You were convicted by a second SPCM of
UA (three specifications totaling 87 days). Your sentence
included a bad conduct discharge (BCD). On 3 May 1990, after
appellate review, you received the BCD.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
character reference letters. However, the Board concluded that
your BCD should not be changed due to your serious acts of
misconduct. In view of the above, 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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