DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 5490-06
3 October 2006
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 7 September 2006. 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.
August 1996 after more than 11 years of prior active service. A
special court-martial convened on 13 March 1997 and found you
guilty of uttering nine worthless checks totaling over $1300,
between October and November 1996. The court sentenced you to a
forfeiture of $1300 and reduction in rank from staff sergeant
(SSGT; E-6) to sergeant (SGT; E-5). Subsequently; on 19 August
1997 you were honorably discharged by reason of expiration of
term of service.
The Board considered your contention that a special court-martial
could not reduce you from SSGT to SGT. This is incorrect since
the Uniform Code of Military Justice and the Rules for Courts—
Martial state that a special court-martial has the authority to
take such action. Had nonjudicial punishment been imposed for
your offenses, a reduction in rank could not have been part of
that punishment. The Board therefore concluded that no
corrective action 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 PFE
Executive Di
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