DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
. 2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ: ecb
Docket No. 09402+08
11 August 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 4 August 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.
You enlisted in the Navy on 11 May 1993 and served ina
commendable manner until 25 August 1998 when you were convicted.
by special court-martial of making a false official statement,
issuing checks without sufficient funds and six instances of
failure to pay just debts. In view of the serious nature of
these charges and the frequency with which you engaged in them
the court sentenced you to be confined at hard labor for five
months, forfeiture of pay, reduction in rank and a bad conduct
discharge (BCD). In his review of your conviction the convening
authority disapproved the BCD and instead allowed you to be
administratively separated with an other than honorable
discharge (OTH). He also reduced your period of confinement.
The convening authority’s actions were in the nature of clemency
and were based on your prior record of commendable service.
The Board in its review of your application carefully took into
account your current and serious health problems but concluded
that in view of the frequent and serious nature of your offenses
your discharge was proper as issued and further, you received
sufficient clemency by,the convening authority when he
Maibstantially lessenedythe sentence imposed by the court-
flartial. ~ «© ge
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon .
request.
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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,
aus
W. DEAN PFEVF
Executive Director
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