DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4078-13
26 March 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 21 March 2014.. 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
11 July 1977 at.age 17. On 5 January 1979, you were convicted
by summary court-martial (SCM) of two instances of failure to.
obey a general ‘regulation and wrongfully leaving the scene of an’
accident. You received nonjudicial punishment (NJP) of three
occasions for three instances of wrongful possession of hashish
-and marijuana. and failure to obey a lawful regulation. on
30 March 1982, you were convicted by special court- -martial
“(SPCM) of. failure to obey. a lawful regulation, communicating a
threat, ‘resisting lawful apprehension and assault. . The sentence.
imposed was confinement, a forfeiture of pay, reduction in . .
paygrade and a bad conduct discharge (BCD). On 24 October 1983,
you received the BCD after appellate review was complete..
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in three NJP’s, an SCM and an SPCM. Finally, there is
no provision of law or in Navy regulations that allows for
' recharacterization of service due solely to the,pass of time or
an individual’s good behavior after discharge. 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
ROBERT D. ZSALMAN
Acting Executive Director
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