DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 11366-1090
11 August 2011 ,
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 9 August 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 on 3 February 1986 at age 17 and began a
period of active duty on 13 July 1987. You served without
disciplinary incident until 10 January 1991, when you received
nonjudicial punishment (NJP) for a three day period of
unauthorized absence (UA). About a month later, on 19 February
1991, you were again in a UA status for one day, however, the
record does not reflect the disciplinary action taken, if any,
for this misconduct. On 25 June 1991 you were convicted by
general court-martial (GCM) of a 64.day period of UA, missing the
movement of your ship, and larceny. You were sentenced to
confinement for nine months, an $1,800 forfeiture of pay, and a
bad conduct discharge (BCD). Subsequently, the BCD was approved
at all levels of review and on 20 October 1992 you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion of having a mental problem which was
the sole cause of your discharge. Nevertheless, these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct which included a lengthy period of UA. Finally, there
is no evidence in the record, and you submitted none, to support
your assertion of having a mental problem. 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,
\y Boo
W. DEAN P F
Executive Dixyeltior
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