DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4809-11
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 8 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.
You enlisted in the Navy and began a period of active duty on
8 November 1972 at age 17. On 16 May 1974, you were convicted
by special court-martial (SPCM) of two instances of unauthorized
absence (UA) from your unit for a period totaling 73 days. The
sentence imposed was 60 days restriction and extra duties anda
forfeiture of pay. On 8 May 1975, you received nonjudicial
punishment (NJP) for failure to obey a lawful order, and failure
to go to your appointed place of duty. On 28 July 1975, you
were again convicted by SPCM of three instances of UA from your
unit for a period totaling 168 days and assault. The sentence
imposed was six months confinement, a forfeiture of pay anda
bad conduct discharge (BCD). On 5 February 1976, you received
NIP for UA from your unit for a period of two days. On 18 March
1976, you were UA from your unit until you were apprehended by
civil authorities in Russeville, Arkansas, on 26 October 1976.
On 6 June 1977, you received the BCD after appellate review was
complete.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in two NUJPs, two SPCMs and periods of UA that totaled
over one year and three months. Finally, no discharge is
upgraded merely because of the passage of time. 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,
\SNso
W. DEAN Stes
Executive Director
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