DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 05774-11
22 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 20 March 2012. The names and votes of the members
of the panel will be furnished upon request. 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
28 September 1972. The Board found that during the period from
24 January to 18 September 1973, you received five nonjudicial
punishments (NJP’s) for unauthorized absence (UA), two instances
of wrongful possession of marijuana, introduction of marijuana
onboard ship, six instances of being absent from your appointed
place of duty, insubordinate conduct, disobedience, and breaking
restriction. On 20 September 1973, you were convicted by special
court-martial (SPCM) of UA, assault, communicating a threat,
breaking restriction, and two specifications of disrespect. You
were sentenced to a forfeiture of pay, confinement at hard labor,
and a bad conduct discharge (BCD). On 25 March 1974, you
received a sixth NJP for six instances of being absent from your
appointed place of duty, two instances of disobedience, and
dereliction of duty. You received the BCD on 17 December 1974
after appellate review was_completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade your discharge and contention that
your misconduct was caused by the medication you were taking at
the time. Nevertheless, based on the information currently
contained in your record, the Board concluded these factors and
contention were not sufficient to warrant recharacterization of
your discharge given your six NJP's, two of which involved
wrongful possession of drugs and SPCM conviction of very serious
offenses. Concerning your contention of being medicated during
the commission of your misconduct, 5rthere is no evidence in the
record to support it, and you submitted no such evidence.
Accordingly, your application has been denied.
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,
Executive Dir
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