DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 4654-00
27 July 2001
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, in which you requested further
consideration of a previous application. You also requested correction of your record to
show that you were convicted of aiding and abetting a robbery, rather than robbery.
Board is precluded from taking any action which would disturb the finality of a conviction by
court-martial, it did not consider you new request.
.
As the
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 19 July 2001.
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.
Your allegations of error and injustice
After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error or
injustice. In this regard, it was not persuaded that the new evidence concerning your post
service achievements warranted the reversal of its previous decisions to deny your request for
the upgrade of your bad conduct discharge as a matter of clemency.
application has been denied. The names and votes of the members of the panel will be
furnished upon request.
Accordingly, your
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,
W. DEAN PFEIFFER
Executive Director
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