DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 9253-08
7 July 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 7 July 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 and medical records,
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 entered active
duty in the Navy on 8 January 1980. You received a special
court-martial for larceny of military property valued at
approximately $700.00 and unauthorized absence (UA) totaling
' about 135 days. The punishment included a bad conduct
discharge (BCD). After appellate review, on 30 March 1984, you
received the BCD.
‘The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your youth.
_ Nevertheless, the Board concluded that this factor was not
sufficient to warrant changing your BCD because of your serious
misconduct and lengthy period of UA. In view of the above,
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 Di or
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