DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
REC
Docket No: 06136-11
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 16 March 1984, at age 17. On 2 May
1985, you received nonjudicial punishment (NJP) for being in an
unauthorized absence (UA) status for six days. On 22 May 1985,
you received NUP for wrongful use of marijuana. However, your
commanding officer decided to set aside this NUP. On 25 January
1986, you received NJP for six incidents of being absent from
your appointed place of duty, and assaulting a chief petty
officer. On 27 February 1987, you were convicted at a special
court-martial (SPCM) of four incidents of UA totaling 146 days.
You were sentenced to a forfeiture of $800, reduction in pay
grade, confinement at hard labor for 60 days, and a bad conduct
discharge (BCD). The discharge authority directed the execution
of your BCD. On 2 December 1987, after appellate review, you
were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
your record of three NJP’s and conviction by a SPCM of serious
offenses. 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,
E
Executive D or
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