DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 2645-11
23 November 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 29 November 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 25 April
1989. You were convicted by a special court-martial (SPCM) and
a general court-martial of an unauthorized absence (UA)
totaling four days, disrespect, and wrongful destruction of
another's property. On 21 January 1993, you were convicted at
a second SPCM of two periods of UA totaling six days, and
wrongfully using cocaine. Your sentence included a bad conduct
discharge (BCD). On 5 August 1993, after appellate review, you
received a BCD.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
allegation that your discharge too harsh. However, the Board
concluded that your BCD should not be changed due to your three
courts-martial convictions of serious misconduct. The Board
found that a BCD was not too harsh for the repeated misconduct
you were convicted of. 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,
W. DEAN
Executive D er
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