DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 1418-10
26 October 2010
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 20 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 on 19 November 1976 at age 18 and began
a period of active duty on 1 December 1976. You served for
nearly two years without disciplinary incident, but on 3 ‘October
1978, you were convicted by summary court-martial (SCM) of a four
day period of unauthorized absence (UA).
On 27 July 1981 you were convicted by special court-martial
(SPCM) of the specifications of theft (government property valued
at $649.32, $20 currency from another Sailor, and a $93 money
order from another Sailor), two specifications of intent to
commit larceny, and larceny of a silver cigarette lighter, the
property of another Sailor. You were sentenced to confinement at
hard labor for three months, a $750 forfeiture of pay, reduction
to paygrade E-1, and a bad conduct discharge (BCD).
On 25 June 1982 you began a period of UA that was not terminated
until you were apprehended by civil authorities. As a result of
this arrest, on 6 August 1982, you were convicted by civil
authorities of possession of marijuana and sentenced to probation
for six months. It appears that shortly thereafter, on 27 August
1982, you were again convicted by SPCM of unspecified charges.
Furthermore, the record does not reflect the sentence imposed at
this SPCM. Nonetheless, the BCD was subsequently approved at all
levels of review and on 18 January 1983 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 and desire to upgrade your discharge. It also
considered your assertion that the discharge was too harsh for
the offenses committed. Nevertheless, these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct in both
the military and civilian communities and included drug abuse.
Finally, the Board noted that you were sentenced to a BCD at an
earlier court-martial, but your misconduct continued, thus
removing any opportunities you may have had to earn a better
characterization of service. 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 fora correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or In WSETLCes
Sincerely,
W. DEAN PF
Executive
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