DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 3849-14
8 May 2015
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 Ot
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
24 April 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 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, began a period of active duty on
19 August 1981, and served without disciplinary incident for
about two months. On 25 November 1981, you received nonjudicial
punishment (NUP) for violation of a lawful general regulation.
On 20 June 1983, you were convicted by special court-martial
(SPCM) of 251 days of unauthorized absence (UA). You were
sentenced to confinement at hard labor for two months, forfeiture
of $150 pay per month for two months, reduction in grade to E-1,
and a bad conduct discharge (BCD). After the BCD was approved at
all levels of review, on 27 August 1984, you were so discharged.
The Board, in its review of your application and record (although
incomplete), carefully weighed all potentially mitigating
factors, such as your desire to upgrade your discharge. It also
considered your assertion of unfair treatment motivated by
racism. Nevertheless, based on the information currently
contained in your record, the Board concluded these factors were
not sufficient to warrant an upgrade of your discharge, given
your misconduct and lengthy period of UA which resulted in NJP
and SPCM. Finally, in regard to your assertion of being unfairly
treated and racism, be advised that because there is no evidence
in the record, the Board was unable to determine if such actions
would outweigh the significant misconduct you committed.
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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