DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 4622-11
8 February 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 7 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 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 15 September
1980. You received nonjudicial punishment (NJP) on three
occasions and were convicted by two special courts-martial
(SPCM). Your offenses included unauthorized absence (three
specifications totaling 10 days), dereliction of duty (two
specifications), assault, wrongful use of marijuana (two
specifications), and failure to obey a lawful order. The
sentence at your first SPCM included a bad conduct discharge
(BCD). On 16 September 1985, after appellate review, you
received the BCD.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
mental health issues. However, the Board concluded that your
BCD should not be changed due to your three NJP’s and two SPCM
convictions of serious misconduct. 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,
Was
W. DEAN PFSI
Executive or
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