DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 11653-09
6 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 4 August 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 15 July 1982, at age 18. on
28 September 1983, you received nonjudicial punishment (NOP) for
being in an unauthorized absence (UA) status and missing the
movement of your ship. On 1 March 1984, you received NUP for
being UA for three days. After your second NUP, you were
counseled and warned that further misconduct could result in
administrative separation. However, your misconduct continued
and on 19 July 1984, you were convicted by a special court-
martial (SPCM) of being UA seven days, missing your ships
movement, and wrongful possession of marijuana. You were
sentenced to forfeitures of $780, reduction in pay grade, 45 days
restriction and a bad conduct discharge (BCD). On 19 September
1985, after appellate review, you were separated with a BCD.
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 your record of two NUP’s and conviction
by a 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
existence, of probable Material error or injustice.
Pe % 2 yee
a
W. DEAN PF
Executive °
Sincerely,
\
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