DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701. S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 00903-12
1 November 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.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 24 October 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 23 September 1975, at age 20. On 2
July 1976, you received nonjudicial punishment (NOP) for being
in ap unauthorized absence (UA) status. On 1 September 1976,
you were convicted by a summary court-martial (SCM) of being UA
for 29 days. You were sentenced to a forfeiture of $123,
confinement at hard labor for 45 days, and 60 days restriction.
On 28 October 1976, you received NUP for being UA for 20 days.
On 2 July 1978, you received NUP for being UA. On 10 August
1978, you were convicted by a special court-martial (SPCM) of
being UA on three occasions totaling 211 days. You were
sentenced to a forfeiture of $525, reduction in pay grade,
confinement at hard labor for 100 days, and a bad conduct
discharge (BCD). The discharge authority directed the execution
of your BCD. On 17 October 1979, 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 three NUP’s, conviction by a SCM and 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 4s on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
"Teen oes
ROBERT D SALMAN
Acting Executive Director
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