DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 05649-11
1 March 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 29 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 on 11 March 1981, at age 24. On 10
February 1982, you received nonjudicial punishment (NJP) for
being disrespectful toward a petty officer, using provoking
speech and gestures, failing to obey a lawful order, and being
drunk on duty. On 6 September 1982, you received NJP for being
in an unauthorized absence (UA) status for three days, being
absent from your appointed place of duty, and dereliction of
duty. On 25 January 1983, you received NUP for being UA for 36
days. On 31 March 1983, you were convicted by a special court-
martial (SPCM) of being UA for two days, and assault. You were
sentenced to a forfeiture of $150, and confinement at hard labor
for 60 days. On 30 November 1983, you were convicted by a
second SPCM of being UA for 79 days. You were sentenced to a
forfeiture of $200, confinement at hard labor for two months,
and a bad conduct discharge (BCD). The discharge authority
directed the execution of your BCD. On 27 September 1984, after
appellate review, you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service. Nevertheless, the Board found that these factors were
not sufficient to warrant recharacterization of your discharge
given your record of three NJP’s, and convictions by two SPCM’s
of serious misconduct. 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,
\y Doane’
W. DEAN PFE
Executive D c
NAVY | BCNR | CY2007 | 00573-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 November 2007. 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...
NAVY | BCNR | CY2001 | 03450-01
You were sentenced On 27 July 1983 you were again convicted by paygrade E-2, and a $1,500 The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and immaturity, of UA do not justify a BCD. factors and contention were not sufficient to warrant recharacterization of your discharge because of your frequent and lengthy periods of UA, which resulted in three court-martial Given the circumstances of your case, the...
NAVY | BCNR | CY2009 | 10773-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 July 2010. 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. Your case was heard by an administrative discharge board (ADB), which voted two to one in favor of an under other than honorable discharge.
NAVY | BCNR | CY2007 | 03716-07
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. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, desire to upgrade your discharge, and the passage of time. Consequently, when applying for a correction of an official naval record, the burden is on...
NAVY | BCNR | CY2011 | 03817-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 February 2012. 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. The Board also noted that you were given a chance for retention, and to earn a better characterization of service when you were restored to full...
NAVY | BCNR | CY2007 | 07529-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 May 2008. 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. About four months later, on 2 November 1984, you were convicted by SPCM of a 48 day period of UA and sentenced to confinement at hard labor for 63...
NAVY | BCNR | CY2001 | 03764-01
Your allegations of error and 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& appointed place of duty On 25 October 1983 vou received was On 15 November 1983 the BCD was to be executed, Subsequently, the suspension of the forfeitures and BCD were vacated. Consequently, when applying for a correction of an official naval record, the burden‘is...
NAVY | BCNR | CY2012 | 03311-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 May 2012. On 9 November 1983 you were again convicted by SPCM of an 88 day period of UA and were sentenced to a $600 forfeiture of pay, confinement at hard labor for 45 days, and a bad conduct discharge (BCD). Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2011 | 00082-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 September 2011. 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. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge, given your record of two...
NAVY | BCNR | CY2002 | 02379-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 October 2002. 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. January 1981 you...