DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 08034-10
19 April 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 13 April 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 28 March 1980. On 28 January 1981,
you received nonjudicial punishment (NJP) for being incapacitated
for the performance of your duty. On 6 May 1981, you received
NIP for being absent from your appointed place of duty. On
2 April 1982, you were convicted at a summary court-martial (SCM)
of being in an unauthorized absence (UA) status for 75 days,
violating a lawful order, and dereliction of duty. You were
sentenced to a forfeiture of $428, and reduction in pay grade.
On 18 May 1982, you received NUP for being UA. On 29 November
1982, you were convicted at a special court-martial (SPCM) of
being UA for 64 days and unlawfully striking a fellow Sailor.
You were sentenced to a reduction in pay grade, confinement at
hard labor for 30 days, and a bad conduct discharge (BCD). The
discharge authority directed the execution of your BCD. On
9 January 1984, 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 three NJP’s and conviction
by one SCM and one SPCM of serious offenses. 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 ali. 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,
| 1 Pus
W.
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