DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 04189-10
14 January 2011
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 13 January 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 enlisted in the Navy on 23 June 1980, and served without
disciplinary incident until 17 April 1981, when you received
nonjudicial punishment (NJP) for falling asleep on watch.
Shortly thereafter, on 1 September 1982, you were convicted at a
special court-martial (SPCM) of an unauthorized absence (UA) in
excess of 180 days. Your sentence at the SPCM included a bad
conduct discharge (BCD). After appellate review, on 18 May 1984,
you were separated with a BCD and an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your claim that no serious charges were committed and that your
other than honorable (OTH) discharge was unjust (Note: you
actually received a BCD due to your conviction at a SPCM and not
an OTH discharge). Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of your
discharge because of your lengthy period of UA and prior
misconduct. 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,
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