DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2480
REC
Docket No: 04004-12
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 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
Ln jueties .
You enlisted in the Navy on 25 May 1984. On 22 August 1985, you
received nonjudicial punishment (NOP) for being in an
unauthorized absence (UA) status on two occasions totaling 49
days, dereliction in the line of duty, and breaking restriction.
On 15 May 1986, were convicted by a special court-martial (SPCM)
of being UA for 212 days, and breaking restriction. You were
sentenced to forfeiture of $1,278, confinement at hard labor for
three months and a bad conduct discharge (BCD). The discharge
authority directed the execution of your BCD. On 28 January
1988, after appellate review, you were 80 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 an NUP and a conviction by 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 is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. “Rao x
Executive Director
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