DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 06575-10
16 March 2011
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 March 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 5 November 1980, at the age of 19.
On 9 October 1981, you received nonjudicial punishment (NJP) for
possession of marijuana. On 21 April 1982, you were convicted by
a special court-martial (SPCM) of five incidents of failure to go
to your appointed place of duty, being in an unauthorized absence
(UA) status for one day, leaving the restricted men’s hut,
breaking restriction, having the intent to commit rape, and
violation of a general regulation by wrongfully using cocaine.
You were sentenced to a forfeiture of $2,202, confinement at hard
labor for six months, and a bad conduct discharge (BCD). Pending
your discharge, you continued with your misconduct and on 8 June
1983, you received NIP for being UA on two occasions, and two
incidents of failure to go to your appointed place of duty. The
discharge authority directed the execution of your BCD. On 23
November 1983, 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 of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your record of two NUP’s and conviction
by one SPCM of serious 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 ts on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
\ heen.
W. DEAN PFETEF
Executive Dirpecsé?®r
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