DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1601
TAL
Docket No: 8157-13
12 September 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 4 September 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
6 December 1983 at age 25. You received nonjudicial punishment
on two occasions for failure to obey a lawful order and
unauthorized absence (UA) from your unit for a period of six
days. On 12 October 1984, you were convicted by summary court-
Martial (SCM) of nine instances of failure to go to your
appointed place of duty, four instances of failure to obey a
lawful order from a noncommissioned officer, wrongful possession
of drug paraphernalia and making a false official statement.
On 22 April 1985, you were convicted by special court-martial
(SPCM) of UA from your unit for a period of 38 days, wrongful
use of marijuana and cocaine, three instances of stealing
property of the government, forgery by altering government
documents and three instances of making a false claim against
the government. The sentence imposed was confinement and a bad
conduct discharge (BCD). On 31 March 1988, you received the BCD
after appellate review was complete.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such eas your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
Qf your discharge given the seriousness of your misconduct that
yesulted in two, NdPs, an SCM and an SPCM. Finally, there is no
provision of Law gor in Navy regulations that allows for.
recharacterizatigh of service due solely to the passage of time.
Accordingly, your gpplication has been denied. The names and
votes of the membérs of the panel will be furnished upon
request. fe
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,
ROBERT J. O'NEILL
Executive Director
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