DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 1537-11
8 November 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 2 November 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 31 August 1972 at age 17 and served
for about six months without disciplinary incident. However,
during the period from 16 February to 19 October 1973, you
received nonjudicial punishment (NIP) on three occasions for two
specifications of wrongful use of marijuana, absence from your
appointed place of duty, larceny, and two periods of unauthorized
absence (UA) totalling three days. On 9 August 1973 you were
‘convicted by special court-martial (SPCM) of three periods of UA
totalling 27 days and sentenced to confinement at hard labor for
two months, a $408 forfeiture of pay, and a bad conduct discharge
{BCD}. The BCD was suspended for 12 months, but was to be
remitted without further action upon continued misconduct. In
this regard, during the period from 19 October 1973 to 10 July
1974, you received three more NUPs for three periods of UA
totalling 16 days and missing the movement of your ship. As a
result, the BCD was remitted. Nonetheless, during the period
‘from 6 October 1974 to 25 February 1975 you were again in a UA
Status for 142 days. The record does not reflect the
disciplinary action taken, if any, for this misconduct.
‘Subsequently, the BCD was approved at all levels of review, and
on 6 June 1975, you were issued a BCD.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge. Nevertheless, these factors were not sufficient to
. warrant recharacterization of your discharge given the
seriousness of your repetitive and lengthy periods of UA and drug
related misconduct which resulted in five NJPs and an SPCM.
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,
Revs
Executive Dilre re
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