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NAVY | BCNR | CY2011 | 05782-11
Original file (05782-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

SUN
Docket No: 05782-11
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. 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

3 May 1976. Although the record is incomplete, the Board found
that on 5 May 1977, you received nonjudicial punishment (NJP) for
disobedience. You received a forfeiture of pay and extra duty.
On 5 August 1977, a service record entry was made stating that
you acknowledged that you were not eligible for reenlistment due
to having created an administrative burden to your command due to
minor military and civil infractions. You were discharged with a
general characterization of service due to convenience of the
government on 5 August 1977.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and belief that you could simply request and upgrade to
an honorable discharge at anytime. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your NUP and the fact
that you were not eligible for reenlistment. Finally, you are
advised that there is no provision of law or in Navy regulations
that allows for recharacterization automatically due solely to
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,

Executive Di

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