DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20376-5160
CRS
Docket No: 11565-08
11 January 2010
cation for correction of your
This is in reference to your appli
sions of title 10 of the United
naval record pursuant to the provi
States Code section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 danuary 2010. 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, tog
ether with all material gubmitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
AEter careful and conscientious consiGeration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
nlisted in the Navy on 29 March 2004.
nvicted by civil authorities of
The court sentenced you to a
The Board found that you ree
On 17 April 2005 you were CoO
improper exhibition of a firearm.
fine of $190.
On 7 July 2005 your commanding officer recommended that you be
separated from the Navy with“a.general discharge by reason of
misconduct due to civil conviction. When informed of this |
d the right to consult with counsel and
recommendation, you waive
to present your case to an administrative discharge board. On 25
July 2005 you were separated with a general discharge by reason =
of misconduct.
In its review of your application the Board carefully weighed all
potentially mitigating factors, guch as your youth and overall
service record, and the contention that you were no
civil authorities. The Board concluded that those factors were
insufficient to warrant vecharacterization of your discharge or
changing its basis. 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,
Rees
Executive Dijre
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