DEPARTMENT OF THE NAVY.
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 11469-1090,
3 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 27 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, 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
1 July 1973 at age 19. You received nonjudicial punishment (NJP)
on two occasions for unauthorized absence (UA) from your unit for
a period of four days, wrongful possession, wrongful
appropriation of government property, and disobeying a written
regulation. On 3 June 1975, you were convicted by special court-
martial (SPCM) of assault, two instances of communicating a
threat, wrongful disposition of government property and failure
to obey a lawful order. The sentence imposed was confinement for
three months, a forfeiture of pay, reduction in paygrade and a
bad conduct discharge (BCD). On 15 October 1975, you were UA
from your unit until 11 May 1976, a period of 208 days. On
28 May 1976, you were UA from your unit until 14 June 1976, a
period of 17 days. On 16 June 1976, you were again UA from your
unit until 12 October 1976, a period of 118 days. On 19 November
1976, you were granted appellate leave awaiting completion of
review of your SPCM conviction, On 21 February 1980, you
received the BCD after appellate review was complete.
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 the seriousness of your misconduct that
resulted in two NUPs, a SPCM and periods of UA totaling over 11
months. Concerning your alleged mental problems, if they existed
at the time of your service they would not excuse you of
responsibility for your actions or warrant recharacterization.
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,
Executive Die
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