DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 01079-10
20 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 20 October 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 31 August 1978. Between 5 February
and 3 December 1979, you received five nonjudicial punishments
(NJP’s). You committed the following offenses: being in an
unauthorized absence (UA) status on four occasions, two incidents
of disobeying a lawful order, and communicating a threat. On
5 June 1980, you were convicted by special court-martial (SPCM),
of stealing from another Sailor, and unlawfully striking two
Sailors in the face with your fists and feet. You were sentenced
to a forfeiture of $750, confinement at hard labor for three
months and a bad conduct discharge (BCD). The separation
authority directed the execution of your BCD. However, your
misconduct continued and on 16 March 1981, you received your
sixth NOP for having possession of marijuana. On 22 January
1982, after appellate review, you received the 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 six NJP’s and conviction
by 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 -regiilarity 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,
iw |
W. DEAN PFEIL E
Executive Ditéct
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