DEPARTMENT OF THE NAVY
y BOARD FOR GORRECTION OF NAVAL RECORDS
701 S COURTHOUSE DR SUITE 1001
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ARLINGTON VA 22204-2490
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Docket No: 03536-12
27 February 2013
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 26 February 2013. 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 5 July 1977, and served without any
disciplinary action until 29 March 1978, when you received
nonjudicial punishment (NJP) for an unauthorized absence (UA) .
Shortly thereafter, you received the following NJP’s: on 29 July
1978, for an unknown offense; on 12 September 1978, for failure
to obey a lawful order; on 7 November 1978, for illegal
possession of a controlled substance (marijuana), larceny and
disobedience; and on 13 November 1979, for UA, failure to obey a
lawful order, and wrongful possession of a controlled substance
(marijuana). On 31 July 1979, you were convicted at a general
court-martial (GCM) of resisting lawful apprehension, larceny and
wrongful entry to commit a criminal offense. Your sentence
included a dishonorable discharge which was later commuted to a
bad conduct discharge (BCD). After appellate review, on 18 July
1980, you were separated with a BCD and an RE-4 reenlistment
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and poor decision making. However, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your GCM
conviction and other misconduct. 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,
1» Dur eh
W. DEAN PFE
Executive Ditteseto
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