DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 00151-12
27 September 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 26 September 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 27 July 1983, at age 19. Onl
November 1984, you received nonjudicial punishment (NJP) for
breach of the peace, being drunk and disorderly onboard a naval
vessel, and assault. On 20 December 1984, you received NUP for
being in an unauthorized absence (UA) status on four occasions,
two incidents of being disrespectful toward a petty officer,
extortion, and assault. On 10 January 1985, you received NJP
for 12 incidents of failure to go to your appointed place of
duty, breaking restriction, larceny, and wrongful possession and
use of another Sailor’s military identification card with intent
to deceive. On 28 February 1985, you received NUP for three
incidents of failure to go to your appointed place of duty. On
7 March 1985, you received NUP for three incidents of failure to
go to your appointed place of duty. On 2 May 1985, you received
NJP for failure to go to your appointed place of duty, and
failure to obey a lawful order. On 23 October 1985, you were
convicted by a special court-martial (SPCM) of being UA for 144
days. You were sentenced to a forfeiture of $400, and a bad
conduct discharge (BCD). The discharge authority directed the
execution of your BCD. On 24 September 1986, 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 six NUP’s, and one conviction by a SPCM
conviction 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,
be, News Ye F
Executive
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