DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 08859-10
8 June 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 7 June 2011. The names and votes of the members
of the panel will be furnished upon request. 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 and began a period of active duty on
21 December 1972. The Board found that during the period from
11 April 1973 to 29 November 1974, you had five periods of
unauthorized absence (UA) totaling 464 days. On 10 February
1975, you submitted a request for an undesirable discharge for
the good of the service to avoid trial by court-martial.
However, your request was denied and on 21 February 1975, you
were convicted by special court-martial (SPCM) of 464 days of UA.
You were sentenced to confinement at hard labor, a forfeiture of
pay, and a bad conduct discharge (BCD). You received the BCD on
11 December 1975 after appellate review was completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your SPCM conviction
of periods of UA totaling over 15 months. Accordingly, your
application has been denied.
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,
NAVY | BCNR | CY2011 | 01165-11
Documentary material considered by the Board consisted of your application, together with ali material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. Your record, however, does not reflect the court action or sentence for the foregoing charge. 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.
NAVY | BCNR | CY2010 | 11469-10
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. 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 two NUPs, a SPCM and periods of UA totaling over 11 months. Consequently, when applying for a correction of an...
NAVY | BCNR | CY2010 | 06269-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2011 | 01537-11
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. On 9 August 1973 you were ‘convicted by special court-martial (SPCM) of three periods of UA totalling 27 days and sentenced to confinement at hard labor for two months, a $408 forfeiture of pay, and a bad conduct discharge {BCD}. Consequently, when applying for a correction of an official...
NAVY | BCNR | CY2011 | 00464-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application om 25 October 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2002 | 10272-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 September 2003. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2014 | NR04500 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 November 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2014 | NR4500 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 November 2014. Five months later, on 11 July 1978, you were convicted by a special court-martial (SPCM) of two periods of UA totaling 78 days, and was sentenced to a $530 forfeiture of pay, reduction in pay grade, confinement for two months and a suspended bad conduct discharge (BCD). Consequently, when applying for a correction of an official naval record,...
NAVY | BCNR | CY2007 | 09046-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 October 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 07458-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...