DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 08348-10
21 April 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of fit16 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 20 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
in JUuSstiace .
You enlisted in the Navy on 30 August 1979. On 18 December 1980,
you received nonjudicial punishment (NJP) for being in an
unauthorized absence (UA) status. On 12 May 1981, you received
NIP for three incidents of failure to be at your recall, being
absent from your appointed place of duty, and wrongful possession
and use of a controlled substance. On 22 February 1982, you
received NUP for possession of marijuana. On 7 May 1982, you
were convicted by civilian court in Virginia Beach, Virginia of
failure to appear and being drunk in public. On 13 May 1982, you
commenced a period of UA which lasted five days. On 29 July
1982, you were convicted at a special court-martial (SPCM) of
being UA for 56 days, missing the movement of your ship, breaking
restriction, and wrongful use of a controlled substance. You
were sentenced to a forfeiture of $1,468, reduction in pay grade,
confinement at hard labor for 45 days, and a bad conduct
discharge (BCD). The discharge authority directed the execution
of your BCD. On 16 July 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
of your discharge given your record of three NJP’s and conviction
by 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 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,
\pNon
W. DEAN P R
Executive BAréctor
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