DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 8485-10
15 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 insu£ficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
14 April 1982 at age 18. You received nonjudicial punishment
(NJP) on two occasions for four instances of failure to obey a
lawful order, and making a false official statement. After your
first NJP, you were counseled regarding your misconduct and
warned that further offenses could result in administrative
separation. On 8 November 1982, you were counseled regarding
your positive urinalysis for marijuana and enrolled in the Navy
Drug Safety Action Program (NDSAP). On 9 November 1982, you
received NUP for unauthorized absence (UA) from your appointed
place of duty and failure to obey a lawful order. On 5 July
1983, you were convicted by special court-martial (SPCM) of two
instances of UA from your unit for a period totaling 104 days.
The sentence imposed was confinement for 35 days, a forfeiture of
pay and a bad conduct discharge (BCD). On 25 June 1984, you
received the BCD after appellate review was complete.
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 the seriousness of your misconduct that
resulted in three NJPs, ome SPCM and periods of UA lasting over
three months. 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
yevidence 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,
ls DanSe
F
Executive Director
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