DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 2346-11
1 December 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 29 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 9 August 1976 at age 17 and
immediately began a period of active duty. You served for nearly
a year without disciplinary incident, but on 1 July 1977, you
were convicted by summary court-martial (SCM) of two periods of
unauthorized absence (UA) totalling 38 days.
On 28 February 1978 you were apprehended and confined by civil
authorities for being drunk in public. You were subsequently
released and ordered to appear in civil court. However, on 15
March 1978, you were convicted by civil authorities of failure to
appear for the 28 February 1978 charge and crossing between
controlled intersections. You were sentenced to a $105 fine.
On 29 April 1980 you were convicted by special court-martial
(SPCM) of five periods of UA totalling 582 days. You were
sentenced to confinement at hard labor for four months, reduction
to paygrade E-1, and a bad conduct discharge (BCD). On 7 May
1984, the BCD was approved at all levels of review, and on 29 May
1984, 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 and desire to upgrade your discharge. It also
considered your assertion that you were to be discharged as a
conscientious objector. Nevertheless, these factors were not
sufficient to warrant recharacterization of your discharge given
the seriousness of your repetitive and lengthy periods of UA from
the Navy, both of which warrant a punitive discharge, and your
misconduct in the civilian community. Finally, there is no
evidence in the record, and you submitted none, to support your
assertion. 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,
Wy Que !
W. DE Pp R
Executive eator
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