DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00149-10
13 October 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 5 October 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 and began a period of active duty on
25 April 1990. The Board found that based on the information
currently contained in your record you received nonjudicial
punishment (NUP) for two instances of unauthorized absence (UA),
and were convicted by special court-martial (SPCM) of three
periods of UA totaling 27 days, and testing positive for
marijuana and amphetamines/methamphetamines. As part of your
sentence you received a bad conduct discharge (BCD). You
received the BCD on 15 December 1992 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, desire to upgrade your discharge, and post service
issues and accomplishments. Nevertheless, based on the
information currently contained in your record, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your NJP and SPCM
conviction for serious offenses. 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.
TH this regard, it i$ important to keep in mind that a
ypeeumption of regularity attaches to all official records.
fonsequently, when applying for a correction of an official naval
tecord, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
ea
Sincerely,
W. DEAN P
Executive rc XL
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