DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 5443-11
29 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 28 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 6 November
1984. You received nonjudicial punishment (NJP) on three
occasions for wrongful possession of marijuana, unauthorized
absence, going from your appointed place of duty (two
occasions), willful disobedience of a lawful order, failure to
obey a lawful order, dereliction of duty (two specifications),
and disrespect. On 22 November 1985, you were convicted by a
special court-martial (SPCM) of failure to obey a lawful order,
and larceny (two specifications). Your sentence included a bad
conduct discharge (BCD). On 24 April 1987, 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, family
issues, and remorse. However, the Board concluded that your BCD
should not be changed due to your three NJP’s and SPCM
conviction of serious misconduct. 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,
\y
W. DEAN P
Executive D
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