DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 5083-08
23 June 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 11 June 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.
The Board found that you reenlisted in the Navy on 2 June 1981
after more than 14 years of prior active service. On 13
September 1987 you were convicted by a special court-martial of
unauthorized absences totaling 95 days.
On 17 January 1986 a general court-martial convened and found you
guilty of attempting to steal $100,000 from the ITT Insurance
Company, conspiring to steal $100,000 and $35,000, an
unauthorized absence from 9 April to 15 October 1985 with the
intent to remain permanently away, and making a false and
fraudulent claim for $35,000 from the Servicemen Group Life
Insurance. The court sentenced you to confinement for five
years, reduction to pay grade E-1, forfeiture of all pay and
' allowances, and a dishonorable discharge. You received the
dishonorable discharge on 19 April 1988.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your overall service,
family problems, and the contention that you were unjustly court-
martialed since you did not commit the charged offenses. The
Board concluded that those factors were insufficient to warrant
recharacterization of your service, given the seriousness of the
charges of which you were convicted. In addition, the Board has
no authority to disturb the findings or sentence of a court-
martial based on claims of legal error. 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 PFETHYRA
Executive Dines
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