DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 8115-10
13 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 12 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You entered active duty in the Navy on 26 March 1982. You
received two nonjudicial punishments and were convicted by a
summary court-martial. Your offenses included incapacitation
for the proper performance of duties, unauthorized absence
((UA) two periods totaling five days), and failure to obey a
lawful order. On 20 January 1984, you were convicted at a
special court-martial of UA (14 days), missing the movement of
your ship, disrespect, breach of the peace, using provoking
words, assault (two specifications), and drunk and disorderly
conduct. Your sentence included a bad conduct discharge (BCD).
On 24 February 1987, after appellate review, you received the
BCD.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth,
remorse, and alcohol abuse problems. However, the Board
concluded that your BCD should not be changed due to your
misconduct. You are advised that no discharge is upgraded due
merely to the passage of time or post service good conduct. In
view of the above, your application has been denied. The names
and votes of the members of the panel will be furnished upon
request.
Regarding the alleged administrative errors on your Certificate
of Release or Discharge from Active Duty (DD Form 214, please
send your request for changes to:
Navy Personnel Command
5720 Integrity Drive
Millington, Tennessee 38055-3120
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,
Lo teas
W. DEAN PF
Executive Directo
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