DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY AN
NEX REC
WASHINGTON DC 20370-5700 Docket No: 10603-10
26 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, reguiations,
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 10 July 1974. On 26 June 1975, you
received nonjudicial punishment (NUP) for unlawful assault by
placing an ashtray containing lighter fluid between a fellow
Sailors legs and lighting the fluid, and by spraying him with
shaving cream. On 21 July 1977, you were convicted at a special
‘court-martial ($PCM) of unlawful entry with intent to commit a
criminal offense, stealing property valued at $1,424.45, and
conspiring to commit larceny. You were sentenced to a forfeiture
of $1,494, reduction in pay grade, confinement at hard labor for
six months, and a bad conduct discharge (BCD). The discharge
authority directed the execution of your BCD. On 15 January
1979, 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
ef your discharge given your record of one NUP 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,
L) Dea,
W. DEAN PFE
Bxecutive D or
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