DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SIN
Docket No: 12426-09
Ll December 2009
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 8 December 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 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
9. August 1984 at age 19. On 30 August 1985, you received
“nonjudicial punishment (NJP) for one day of unauthorized absence
(UA). On 9 December 1986, you were convicted by special court-
martial (SPCM) of four periods of UA totaling 122 days and
breaking restriction. You were sentenced to confinement at hard
labor, a forfeiture of pay, reduction in paygrade, and a bad
conduct discharge (BCD). However, the BCD was suspended for a
period of 12 months. On 4 January 1987, you received NUP for two
periods of UA totaling seven days. You were counseled and warned
that further misconduct could result in administrative discharge
action. On 4 March 1987, you were convicted by civil authorities
of two counts of attempted armed robbery. On 26 March 1987, you
received a third NUP for two instances of UA totaling nine days,
disrespect, and communicating a threat. On 2 May 1987,
administrative discharge action was initiated by reason of
misconduct due to commission of a serious offense. -You waived
your rights to consult counsel, submit a statement”“or have your
case heard by an administrative discharge board {ADB). On
18 May 1987, your commanding officer forwarded his recommendation
that you be discharged under other than honorable conditions by
reason of misconduct. On 12 August 1987, the discharge authority
directed an other than honorable discharge by reason of
misconduct due to commission of a serious offense. On
3 September 1987 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record, and post service medical issues. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your three NJP’s,
SPCM, and conviction by civilian authorities for serious
offenses. Finally, the Board noted that you waived the right to
an ADB, your best chance for retention or a better
characterization of service. 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,
\0 >
W. DEAN F
Executive etor
2
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