DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 4776-11
22 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 22 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 17 June
1974. You received nonjudicial punishment (NJP) on three
occasions for three periods of unauthorized absence (UA)
totaling four days, disobeying a lawful order (two
specifications), absence from your appointed place of duty (six
specifications), and failure to go to your appointed place of
duty. On 23 April 1976, you were convicted by special court-
martial (SPCM) of an 85 day period of UA. Your sentence
included a bad conduct discharge (BCD). On 24 February 1977,
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, medical
issues, and allegation that you were not represented by counsel
at your SPCM. However, the Board concluded that your BCD should
not be changed due to your three NJP’s and SPCM conviction of
serious misconduct. Regarding your allegation, your record
shows that you were represented by counsel at your SPCM.
Finally, 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,
\pdiahZ
W. DEAN PFE
Executive Director
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