DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
TRG
Docket No: 6041-01
10 April 2002
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 9 April 2002. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 7 February 1977 at age 1 9 . On 21
February 1978 you received nonjudicial punishment for drinking in
a government vehicle. On 16 September 1979 you were advanced to
PC3 (E-4) . A special court-martial convened on 5 January 1980 ,
and convicted you of theft of government property valued at about
$4000, unauthorized sale of government property, conspiracy to
sell government property, and three specifications of stealing
mail. The court sentenced you to reduction to pay grade E-1 and
a bad conduct discharge. You began appellate leave on 23
December 1980 and remained in that status until the bad conduct
discharge was issued.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and contention
that you have been a good citizen for many years. The Board
found that these factors and contentions were not sufficient to
warrant recharacterization of your discharge given your
conviction of serious offenses, especially since you committed
those offenses while serving as a postal clerk. The Board
concluded that the discharge was proper as issued and no change
is warranted.
Accordingly, your application has been denied. The names and
votes of ,the members of the panel will be furnished upon request.
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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