DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 03943-12
27 February 2013
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 21 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 youn 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 28 May 1980, at age 21. On 26 May
1981, you received nonjudicial punishment (NJP) for being in an
unauthorized absence (UA) status for two days. On 6 August
1981, you received NUP for being UA for 11 days. On 25 June
1982, you were convicted by a special court-martial (SPCM) of
being UA for 296 days. You were sentenced to forfeiture of
$1,101, reduction in pay grade, confinement at hard labor for
three months, and a bad conduct discharge (BCD). The discharge
authority directed the execution of your BCD. On 25 March 1983,
after appellate review, you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
record service. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of
your discharge given your record of two NJP’s, and a SPCM
conviction of a serious offense. 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 injwetice.
Sincerely,
aN
Executive Di¥e
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