DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUJR
Docket No: 440-11
21 October 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.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 18 October 2011. The names and votes of the
members of the panel will he 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 1 November 1977 at age 18. You
served without disciplinary incident until 1 May 1979, when you
were convicted by special court-martial (SPCM) of two periods of
unauthorized absence (UA) totalling three days, conspiracy to
commit larceny, and larceny. From 4 October to 3 December 1979
you were again in a UA status for 60 days, however, the record
does not reflect the disciplinary action taken, if any, for this
misconduct.
During the period from 10 February 1980 to 22 March 1982 you were
again UA. As a result, on 27 May 1982, you were convicted by
general court-martial (GCM) of a 771 day period of UA and were
sentenced to confinement at hard labor for eight months, a $1,750
forfeiture of pay, and a bad conduct discharge (BCD). On 19
April 1982 the BCD was approved at all levels of review and on 16
May 1983 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 being mentally stressed due to fear
of fire. Nevertheless, these factors were not sufficient to
warrant recharacterization of your discharge because of the
seriousness of your repetitive misconduct and lengthy periods of
UA from the Navy which resulted in two court-martial convictions.
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,
x) Deana
W. DBAN PFET
Executive Direc
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