DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 05244-11
21 February 2012
Basin LANE
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.
You had prior active duty service for more than three years in
the Navy in which you received an honorable discharge. You
reenlisted on 26 June 1980, and served without disciplinary
incident until 23 May 83, when you were convicted at a special
court-martial (SPCM) of an unauthorized absence (UA) in excess of
130 days. Shortly thereafter on 14 September 1984, you were
convicted at another SPCM of UA in excess of 164 days, two
specifications of failure to obey a lawful order, and two
specifications of the illegal use of a controlled substance
(marijuana). 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 17 October 1985.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, prior honorable service, and claim that your
characterization of service was supposed to be changed within 90
days after your discharge. However, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your misconduct. You are
advised that no discharge is ungraded due merely to the passage
of time or post service good conduct. 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,
W. DEAN W
Executive Dikéc
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