DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 03123-1141
17 January 2012
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 12 January 2012. 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 active duty on 27 August
1973. On 28 May 1974, you received nonjudicial punishment (NJP)
for two instances of absence from your appointed place of duty,
disobedience, robbery, burglary, and attempting to sell or
dispose stolen property. On 10 July 1974, you were convicted by
summary court-martial (SCM) of nine days of unauthorized absence
(UA). On 12 September 1974, you were convicted of making a
false official statement and four specifications of breaking
restriction. On 25 February 1975, you received a second NJP for
failure to go to your appointed place of duty. That same day,
you submitted a written request for a good of the service
discharge in order to avoid trial by court-martial for two
specifications of failure to go to your appointed place of duty
and three days of UA. Prior to submitting this request for
discharge, you conferred with a qualified military lawyer, were
advised of your rights, and were warned of the probable adverse
consequences of accepting such a discharge. On 4 April 1975,
your request for discharge was granted. Unfortunately, on
30 April 1975, you were convicted by a second SPCM of larceny of
government property, carrying a concealed weapon, and uttering
nine bad checks. You were sentenced to confinement at hard
Labor, a forfeiture of pay, and a bad conduct discharge (BCD).
On 28 May 1975, you waived your right to request restoration to
full duty and received your BCD on 18 February 1976.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your two NUP’s, SCM,
and two SPCM convictions for serious offenses. 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,
\pSeanile.
W. DEAN PF
Executive D r
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