DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 10458-10
22 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 1 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
27 July 1977. The Board found that you received three
nonjudicial punishments (NUP‘s) for possession and use of a
controlled substance, nine instances of absence from your,
appointed place of duty, two instances of disobedience, three
instances of breaking and resisting apprehension, dereliction of
duty, making a false official statement, and being unfit for
duty. On 8 November 1978, you were convicted by general court-
martial (GCM) of conspiracy to commit an assault, use of
provoking words and gestures, assault, and communicating a
threat. You were sentenced to confinement at hard labor, a
forfeiture of pay, and a bad conduct discharge (BCD). You
received the BCD on 19 November 1979 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, record of service, post service accomplishments, and
desire to upgrade your discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your three NJP’s, two
of which involved drug possession and use and GCM conviction of
very serious offenses. 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,
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