DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4611-08
12 February 2009
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 11 February 2009. 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 17 July 1989, you enlisted in the Navy at age 17 with
parental consent. On 30 May 1990, you had nonjudicial
punishment (NUP) for an eight day period of unauthorized
absence (UA) and unlawfully striking a civilian. On
31 May 1990, you were counseled regarding deficiencies in
your performance and conduct and warned that further
infractions could result in disciplinary action or
administrative separation. On 29 June 1990, you had NUP for
five instances of absence from your appointed place of duty.
On 3 August 1990, you were convicted by a special court-martial
of a six day period of UA, four instances of larceny and
wrongful appropriation, and wrongful receipt of merchandise.
Your sentence included forfeitures of pay, confinement at hard
labor, and a bad conduct discharge (BCD). After the BCD was
approved at all levels of review, on 1 April 1992, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and desire for a better discharge. The Board also considered
your contention that alcohol abuse contributed to your
misconduct. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of
your discharge due to the seriousness of your misconduct.
Regarding your contention, there is no evidence in the record
that you were ever found to abuse alcohol or requested
treatment for alcoholism. But even if there were such
evidence, that would not excuse your misconduct. 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.
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,
© Re kS
ROBERT D. ZSALMAN
Acting Executive Director
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