DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
. 2 NAVY ANNEX
WASHINGTON DG 20370-5100
SUN
Docket No: 10980-09
3 August 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 28 July 2010. The names and votes of the members
of the panel will be furnished upon request. 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 ail
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
20 September 1984. The Board found you received three
nonjudicial punishments (NJP's) for two instances of absence from
your appointed place of duty, dereliction of duty, and three days
of unauthorized absence (UA}. Further, on 16 May 1986, you were
convicted by summary court-martial (SCM) of absence from your
appointed place of duty, and by special court-martial (SPCM) of
seven specifications of UA on 10 April 1987. As a result of your
SPCM, you were sentenced to a forfeiture of pay, confinement, and
a bad conduct discharge (BCD). You received the BCD after
appellate review was completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service accomplishments, and desire to upgrade
your discharge. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge given your three NUP’s, SCM, and especially your SPCM
conviction for very serious misconduct. Accordingly, your
application has been denied.
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,
Sausd
W. DEAN P
Executive
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