DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 pRC
Docket No: 03546-10
17 February 2011
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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 16 February 2011. 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 entered active duty in the Navy on 26 August 1977. On 23
March 1978, you were convicted at a summary court-martial (SCM)
of being in an unauthorized absence (UA) status for 39 days. You
were sentenced to a forfeiture of $150, confinement and
restriction for 39 days. On 13 November 1979, you were convicted
at a special court-martial (SPCM) of being UA for 544 days. You
were sentenced to a forfeiture of $400, confinement at hard labor
for four months, and a bad conduct discharge (BCD). The
discharge authority directed the execution of your BCD. On
30 September 1981, after appellate review, you were so
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record. Nevertheless, the Board found that these factors
were not sufficient to warrant recharacterization of your
discharge given your record of convictions by one SCM, and one
SPCM for a lengthy period of UA. 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,
Ln Shed
W. DEAN PFE F
Executive DirécRer
Siew:
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