DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE i001
ARLINGTON, VA 22204-2490
SIN
Docket No: 00504-12
22 October 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 17 October 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
27 July 1995. The Board found that on 19 June 1997, you were
convicted by special court-martial (SPCM) of 105 days of
unauthorized absence (UA), missing ship's movement, and two
specifications of wrongful use of Marijuana. You were sentenced
to confinement, a reduction in paygrade, and a bad conduct
discharge (BCD). You received the BCD on 9 March 1998 after
appellate review was completed.
The Board, in its review of your record and application,
carefully weighed all potentially Mitigating factors, such as
your record of service and desire to upgrade your discharge.
Nevertheless, based on the information currently contained in
your record, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your SPCM conviction of a period of UA that lasted over three
months and other serious offenses, two of which involved the
wrongful use of drugs. 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,
‘ ae ~~. —
ROBERT D. SALMAN
Acting Executive Director
NAVY | BCNR | CY2011 | 05801-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 2012. Nevertheless, based on the information currently contained in your record, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given your NJP for wrongful drug use, SPCM conviction of a lengthy period of UA, and the fact that you had two additional periods of UA totaling over two months prior to...
NAVY | BCNR | CY2012 | 00151-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 September 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2012 | 00223 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 October 2012. Nevertheless, based on the information currently contained in your record, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given your SPCM conviction of a period of UA that lasted over 10 months. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2012 | 09712 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 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. On 5 December 1975 you received your seventh NUP for two periods of absence from your appointed place of duty and a three day period of UA.
NAVY | BCNR | CY2012 | 01536 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 November 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2011 | 04542-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 February 2012. Furthermore, on 15 June 1965, you were convicted again at a SPCM of UA in excess of 32 days and of failing to obey a lawful order. 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.
NAVY | BCNR | CY2008 | 09185-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 August 2009. 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. On 10 May 1982, you were convicted by special court-martial (SPCM) of failure to go to your appointed place of duty, two periods of...
NAVY | BCNR | CY2011 | 05244-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 February 2012. Therefore, you were separated with a BCD and an RE-4 reenlistment code due to your conviction at a SPCM. 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.
NAVY | BCNR | CY2010 | 08038-10
Rh three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 April 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. On 16 January 1993, after appellate review, you were so discharged.
NAVY | BCNR | CY2007 | 06266-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 April 2008. After careful and conscientious consideration of the entire record, the Board tound the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...