DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 12428-10
12 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 i552.
A three-member panel of the Board for Correction of Naval -
Records, sitting in executive session, considered your
application on 10 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 and began a period of active duty on
28 May 1981 at age 17. On 24 December 1981, you received
nonjudicial punishment (NUP) for disobeying a lawful written
order by possessing marijuana. On 21 November 1983, you were
convicted by special court-martial (SPCM) of dereliction of duty
by sleeping on watch, four instances of failure to go to you
appointed place of duty, two instance of unauthorized absence
(UA) from your unit for a period totaling 199 days, and conduct
that discredited the armed forces. The sentence imposed was
confinement for 45 days, a forfeiture of pay, reduction is
paygrade and a bad conduct discharge (BCD). On 15 November 1984,
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 one NOP, a SPCM and periods of UA totaling over six
months. 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,
Lo Dea Ge
W. DEAN PFE
Executive Dite r
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