DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3867-09
15 April 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 7 April 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 ail 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 1.
November 1982 at age 19. You received nonjudicial punishment
(NJP) on three occasions from 15 July 1983 through 18 July 1984
for unauthorized absence (UA) from your unit for 15 days and for
missing ship's movement. On 18 March 1985, you were convicted by
Special court-martial (SPCM) of UA from your unit for a period of
121 days and missing ship’s movement. The sentence imposed was
45 days confinement, forfeiture of pay and a bad conduct
Gischarge (BCD}. You received the BCD after appellate review was
complete.
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 the seriousness of your misconduct that
resulted in three NPs and a SPCM for periods of UA that totaled
over four months. Finally, there is no provision of law or in
Navy regulations, which provides that an unfavorable discharge
be upgraded, based solely on the passage of time or good conduct
in civilian life subsequent to leaving naval service.
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,
WW Nand
W. DEAN PF
Executive tor
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