DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 13180-09
16 September 2010
See erry sea
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 14 September 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 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 25 September 1972 at age 17 and
served without disciplinary incident until 6 September 1973
when you were convicted by summary court-martial (SCM) of a 42
day period of unauthorized absence (UA). You were sentenced to
restriction for 60 days and a $150 forfeiture of pay. During the
period from 13 September to 15 November 1973 you received
nonjudicial punishment (NJP) on three occasions for a one day
period of UA and two specifications of wrongful possession of
marijuana.
During the period from 2 February to 3 March 1974 you were ina
UA status for 20 days, however, the record does not reflect the
disciplinary action taken, if any, for this misconduct. On 28
March 1974 you were convicted by special court-martial (SPCM) of
a 48 day period of UA, three periods of absence from your
appointed place of duty, disobedience, and wrongful possession of
amphetamine sulfate. You were sentenced to confinement at hard
labor for three months, a $651 forfeiture of pay, and a bad
conduct discharge (BCD). On 4 June 1974 you submitted a written
request for immediate execution of the BCD. Subsequently, the
BCD was approved at all levels of review and on 16 April 1974 you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, explanation regarding the circumstances which
resulted in your discharge, and desire to upgrade your discharge.
Ttwalso considered your assertions of a deprived background and
suffering from mental conditions. Nevertheless, these factors
were not sufficient to warrant recharacterization of your
discharge: because of the seriousness of your repetitive and
lengthy periods of UA, and repeated incidents of drug abuse, all
of which resulted in three NJPs and two court-martial
convictions. Finally, there is no evidence in the record, and
you submitted none, to support your assertions. 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 In jusELes:,
Sincerely,
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