DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 6383-08
7 May 2009
This is in reference to your application. for correction of your
naval record pursuant to the provisions of Title 10, 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 5 May 2009. The names and votes of the members
of the panel will be furnished upon request. 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 reenlisted in the Navy on 29 November 1984 after 12 years of
prior honorable service. You continued to serve without
disciplinary infraction until 5 December 1986, when you were
apprehended by civil authorities and charged with the purchase of
firearms from an undercover special agent. As a result, on 25
February 1987, you were convicted by civil authorities of two
counts of illegal purchase of nonregistered Military Armament
Corporation Model 10 (MAC-10) machine guns with silencers. You
were sentenced to a $50 assessment fee and three years probation.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to civil
conviction. After consulting with legal counsel, you elected to
present your case to an administrative discharge board (ADB). On
1 April 1987 an ADB recommended discharge under other than
honorable conditions by reason of misconduct due to civil
conviction. On 10 April 1987 your commanding officer, in
concurrence with the ADB, also recommended an other than
honorable discharge. On 28 April 1987 the discharge authority
approved these recommendations and directed your commanding
officer to issue you an other than honorable discharge by reason
of misconduct, and on 6 May 1987, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and desire to upgrade your
discharge. It also considered your assertion that you made an
erroneous decision due to a lack of sound judgment and in an
effort to help your loved ones. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct in the civilian community. Accordingly, your
application has been denied.
The Board believes that you are eligible for veterans’ benefits
which accrued during your prior periods of honorable service.
However, your eligibility is a matter under the cognizance of
the Department of Veterans Affairs (DVA). In this regard, you
should contact the nearest DVA office concerning your rights,
specifically, whether or not you are eligible for benefits based
on these periods of service.
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,
Wea’ .
Ww. EAN
Executive Diljedtior
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