DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 09728-07
21 November 2008
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 19 November 2008. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
11 December 1989 at age 21. You served without incident until
25 February 1992, when you were convicted by a special court-
martial (SPCM) of wrongfully and unlawfully uttering checks
without sufficient funds totaling over $3,000.
On 1 May 1992, administrative discharge action was initiated by
reason of misconduct due to commission of a serious offense. You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB).
On 26 May 1992, your commanding officer recommended discharge by
reason of misconduct, with a characterization of service of
under other than honorable conditions. On 26 June 1992 the
discharge authority directed an other than honorable discharge by
reason of misconduct.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and the reasons you stated that caused your
misconduct. Nevertheless, the Board found that these factors
were not sufficient to warrant recharacterization of your
discharge given your SPCM conviction for a very serious offense.
Further, you waived the right to an ADB, your best chance for
retention or a better characterization of service. 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 Dil r
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