DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 10733-1410
18 August 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 17 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 4 November 1981. On 9 September
1982, you received nonjudicial punishment (NJP) for failure to go
to your appointed place of duty on two occasions, four incidents
of failure to obey a lawful order, and wrongfully urinating on
the bulkhead. On 1 November 1982, you received NUP for
assaulting a fellow Sailor, and wrongfully committing an
indecent, lewd, and lascivious act by kissing a fellow Sailor on
the neck. On 6 December 1982, you received NUP for being in an
unauthorized absence status (UA) and being incapacitated for the
performance of duties. On 16 August 1983, you were convicted at
a special court-martial (SPCM) of wrongfully appropriating a 1969
and 1970 station wagon, and causing damage by driving them into a
cable fence, two magazine gates, and a five ton troop carrier.
You were sentenced to a forfeiture of $1,140, confinement at hard
labor for three months, and a bad conduct discharge (BCD). The
discharge authority directed the execution of your BCD. On 21
February 1986, 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 three NUP’s 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,
W. DEAN PPE
Executive Dil or
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