DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 4668-10
17 February 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 15 February 2011. 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 June 1986 at age 19 and served
without disciplinary incident until 28 August 1987, when you
received nonjudicial punishment (NUP) for driving while under the
influence of alcohol. On 19 October 1987 you received NUP for a
44 day period of unauthorized absence (UA).
On 3 May 1989 you were convicted by special court-martial (SPCM)
of a 331 day period of UA and sentenced to confinement for 60
days and a bad conduct discharge (BCD). Subsequently, the BCD
was approved at all levels of review and on 22 January 1990 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, post service conduct, and desire to upgrade your
discharge. Nevertheless, these factors were not sufficient to
warrant recharacterization of your discharge because of the
seriousness of your repetitive misconduct which included frequent
and lengthy periods of UA from the Navy and resulted in two NJPs
and a SPCM. 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 for a correction of an official naval
fecord, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 2011. On 14 June 1979, you received NUP for being disrespectful toward you a chief petty officer on two occasions, and failure to obey a written regulation. On 17 February 1983, after appellate review, you received the BCD.
NAVY | BCNR | CY2010 | 04443-10
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