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NAVY | BCNR | CY2003 | 02258-03
Original file (02258-03.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 FC
Docket No: 02258-03
25 August 2003











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 20 August 2003. 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.

The Board found that you enlisted in the Navy on 14 January 1985 at age 19. You served without incident until 16 September 1986, when you were counseled about deficiencies in conduct and performance. On 23 March 1987, you were convicted by special court martial (SPCM) of four instances of larceny and sentenced to confinement at hard labor, forfeitures of pay, reduction to paygrade E-1, and a bad conduct discharge.

On 9 April 1987, you requested and were authorized leave pending appellate review. On 7 May 1987, you waived your right to review by the Naval Clemency and Parole Board. On 14 October 1988, you were discharged with a BCD.

In its review of your case, the Board carefully weighed all potentially mitigating factors such as your youth and immaturity, and the length of time that has passed since you
were discharged from the Navy. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your serious misconduct that resulted in a conviction by SPCM. 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,

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