DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJIR
Docket No: 777-12
25 October 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 23 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 Reserve on 5 March 1979 at age 17 and
served without disciplinary incident until 20 November 1980, when
you were convicted by special court-martial (SPCM) of 11
specifications of uttering checks with insufficient funds
totalling $1,483. You were sentenced to confinement at hard
labor for three months, a $1,002 forfeiture of pay, reduction to
paygrade E-1, and a bad conduct discharge (BCD).
On 19 February and again on 10 April 1981 you received
nonjudicial punishment (NJP) for two specifications of
disobedience and a 30 day period of unauthorized absence (UA).
Subsequently, the BCD was approved at all levels of review and on
12 August 1982, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your repetitive
misconduct and lengthy period of UA which resulted in two NJPs
and a SPCM. 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,
“rT LG>, “o-2___.
ROBERT D. SALMAN
Acting Executive Director
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