DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ~ REC
WASHINGTON BC 20370-5100 Docket No: 10690-10
a@ August 2011
This is im 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 3 August 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 18 June 1976, at the age of 17. On
26 June 1978, you received nonjudicial punishment (NUP) for being
in an unauthorized absence (UA) status, and wrongful
appropriation of an unknown item. On 8 August 1978, you received
NIP for being UA for 15 days, and disobeying a lawful order. On
3 June 1981, you were convicted at a special court-martial (SPCM)
of being UA for 713 Gays. Your were sentenced to forfeiture of
$1,320, reduction in pay grade, confinement at hard labor for 66
days, and a bad conduct discharge (BCD). You continued your
misconduct by receiving NUP on 13 January 1982, for being UA for
ten hours. On 10 February 1982, you received NUP for being
absent from your appointed place of duty on four occasions, and
being derelict in the line of duty. The discharge authority
directed the execution of your BCD. On 7 December 1984, 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 four 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.
Tt 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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