DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 553-05
20 October 2005
This is in reference to your application for correction of your naval
record pursuant to the provisions of Title 10, 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 12 October
2005. Your allegations of error and injustice were reviewed in accordance
with administrative regulations and proc!edures 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 on 15 July 1986 at age 19. You served without
disciplinary incident until 16 October 1989, when you were convicted by
general court-martial (GCM) of assault of your underage dependent stepson
by shaking, striking, throwing him against a bed, thus causing multiple
bruises, inflamed cuts, and retinal hemorrhages. You were sentenced to a
$3,600 forfeiture of pay, confinement for 12 months, reduction to
paygrade E-1, and a bad conduct discharge (BCD). After the BCD was
approved at all levels of review, on 1 November 1990, you were so
discharged.
The Board, in its review of your entire record and application, carefully
weighed all potentially mitigating factors, such as your youth, post
service conduct, and assertion that you were under duress at the time of
the incident. It further considered your assertion that you are in need
of veterans benefits due to being diabetic. Nevertheless, the Board
concluded these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your misconduct.
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 PFIEFFER
Executive Director
2
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