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Docket No: 075
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This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 January 2015. The names and votés 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
policiéss.
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 4
January 1977. You served for a year and three months without
disciplinary incident, but during the period from 13 April to 14
September 1978, you received nonjudicial punishment (NJP) on
four occasions for sleeping on post, stealing a blue working
jacket, failure to obey a lawful order, absence from your
appointed place of duty, missing movement of your ship, and
wrongful possession and use of marijuana. On 10 March 1982, you
were convicted by special court-martial (SPCM) of three
specifications of unauthorized absence. You were sentenced to
confinement at hard labor for 55 days, forfeiture of $975.00,
reduction to paygrade E-1, and a bad conduct discharge.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge, post service
psychological evaluation, and the statements you submitted in
support of your request. Nevertheless, the Board concluded
these factors were not sufficient to warrant relief in your
case, given your conviction and pattern ot misconduct while
serving on active duty. Accordingly, your application has been
denied.
It 1s 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 within one year from the date of the Board’s decision.
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,
to
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