DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 03705-13
24 April 2014
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 22 April 2014. 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 and began a period of active duty on
19 May 1980. The Board found that you received four nonjudicial
punishments (NJP’s) for two periods of unauthorized absence (UA)
totaling 64 days, three instances of missing ship’ Ss movement,
assault, and wrongful possession and use of marijuana. On
19 November 1982, you were convicted by special court-martial
(SPCM) of 165 days of UA which had ended with your apprehension.
You were sentenced to confinement at hard labor, a forfeiture of
pay, and a bad conduct discharge (BCD). You received the BCD on
22 February 1984 after eppeliate review was completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
based on the information currently contained in your record,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your four NJP’s and
SPCM conviction of a period of UA lasting over five months,
ending only in your apprehension. Accordingly, your application
wnuas 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,
ht SS FA
ROBERT D. 45ALMAN
Acting Executive Director
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