DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 3060-08
9 December 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 3 December 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
On 16 June 1995, you reenlisted in the Navy at age 33 after
three prior periods of honorable service. You were
subsequently convicted by a general court-martial in which the
punishment included 25 years of confinement, forfeiture of all
pay and allowances, reduction to pay grade E-1, anda
dishonorable discharge (DD). After the DD was approved at all
levels of review, on 12 June 2007, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your prior
periods of honorable service. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
granting you a total of 20 years of honorable military service.
In this regard, the Board assumed you were referring to being
granted a 20 year retirement. You are advised that service in
the Navy Reserve delayed entry program is not creditable
service. Your creditable service began on 25 June 1979, when
you enlisted in the Navy and continued to serve until you were
involuntarily extended on 16 June 1996, at which time you had
completed less than 20 years of active creditable service. You
are advised that even if you had attained 20 years of active
creditable service, attaining sufficient service for retirement
does not exclude a service member from being convicted by a
court-martial in which the sentence includes a punitive
discharge. Therefore, 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.
The Board noted that as a result of your prior periods of
honorable service, you may be eligible for veterans' benefits.
You should contact the nearest office of the Department of
Veterans Affairs if you desire clarification about your
eligibility for those benefits.
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 P
Executive Dil
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