DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 04590-11
21 February 2012
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 15 February 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.
1979, and served without disciplinary incident until 19 March
1980, when you received nonjudicial punishment (NJP) for failure
to go to your appointed place of duty. Shortly thereafter, you
received the following disciplinary actions: on 15 August 1980,
you received NUP for failure to go to your appointed place of
duty; on 15 September 1980, you received NUP for failure to go to
your appointed place of duty; on 4 October 1980, you were
convicted at a summary court-martial (SCM) of larceny and
breaking restriction; on 9 February 1981, you were convicted at a
scm of an unauthorized absence (UA); and on 28 July 1981, you
were convicted at a special court-martial (SPCM) of larceny,
destroying government property, UA and illegal use of a
controlled substance. You were sentenced to receive a bad
conduct discharge (BCD). Therefore, you were separated with a
BCD and an RE-4 reenlistment code due to your conviction at a
SPCM. You received the BCD after appellate review on 15 December
L982
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 claim that your Navy
recruiter knew you had been in trouble with the law prior to your
entry into service. However, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your misconduct.
Regarding your claim, you have provided no evidence to support
it, and there is no such evidence in your record. 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,
\x \
W. DE E
Executive D
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