DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
REC
W a
ASHINGTON DC 20370-5100 Docket No: 10128-10
22 July 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 20 July 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 21 February 1985, at the age of 20.
On 27 January 1988, you received nonjudicial punishment (NJP) for
wrongful use of cocaine. On 23 March 1988, you received NIP for
being absent from your appointed place of duty, being
disrespectful toward a master chief petty officer, disobeying a
lawful order, and wrongfully abandoning your post. On 6 February
1989, you were convicted at a special court-martial {(SPCM) of
being in an unauthorized absence (UA) status for 274 days, and
missing the ship’s movement. You were sentenced to reduction in
pay grade, confinement at hard labor for 35 days, anda bad
conduct discharge (BCD). The discharge authority directed the
execution of your BCD. On 30 April 1990, 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 two NUP’s, and a
conviction by one SPCM of misconduct. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
Se
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
existencetof probable material error or injustice.
Sincerely,
‘ ie A
W. DEAN > F
Executive 2
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