DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
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.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
25 March 2015. 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 proc -dings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitte 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
2 May 1985. During the period from 28 October 1988 to 6 January
1989, you received four nonjudicial punishments. On 26 January
1989, you were convicted by special court-martial (SPCM) of
resisting apprehension, assault, and three specifications of
communicating a threat. You were sentenced to confinement at
hard labor, a forfeiture of pay, a reduction in paygrade, and a
bad conduct discharge (BCD). You received the BCD on 21 June
1991 after appellate review was completed.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service desire to upgrade your discharge and
assertion that the convening authority approved your sentence
except for the BCD. 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. With regard
to your assertion, the BCD was ordered executed only after all
other punishment had been completed. In other words, if he had
ordered your BCD to be executed, you would have been discharged
without completing your sentence. Accordingly, your application
has 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 within one year from the date of the Board's decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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.
Sinceyely,
ROBERT J. O'NEILL
Executive Director
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