DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJIG
Docket No: 12407-10
17 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 16 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy and entered active duty on 16 April
1980. You received nonjudicial punishment on three occasions,
and were convicted by a summary court-martial and a special
court-martial (S$PCM). Your offenses included absence from your
appointed place of duty (seven specifications), unauthorized
absence (six specifications totaling 156 days), disobeying a
lawful order, being derelict in the performance of your duties,
and wrongful possession of marijuana. The sentence of your
SPCM included a bad conduct discharge (BCD). On 6 December
1983, after appellate review was completed, you received the
BCD.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth,
remorse, and current desire to upgrade your discharge.
However, the Board concluded that your BCD should not be
changed due to your lengthy periods of UA and other misconduct.
You are advised that no discharge is upgraded due merely to the
passage of time or post service good conduct. In view of the
above, 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,
\Nen |
W. DEAN PFEIVF
Executive Di
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