DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 IRG
Docket No: 207-09
4 March 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 18 February 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 13 May 1988 at age 20 and served
without incident for over two years. On 14 November 1990 you
were convicted by a special court-martial of the theft of airline
tickets and a computer of a total value of about $2414. The
court sentenced you to confinement at hard labor for 99 days,
forfeitures of pay and a reduction to paygrade E-1.
On 8 February 1990 you were notified of separation processing by
reason of misconduct due to commission of a serious offense. In
connection with this processing, you elected to waive the right
to have your case heard by an administrative discharge board.
After review, the discharge authority approved the recommendation
of your commanding officer and directed discharge under other
than honorable conditions. You were so discharged on 22 March
1991.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and contention
that you have been a good citizen for many years. The Board
found that these factors and contention were not sufficient to
Warrant recharacterization of your discharge given your
conviction by court-martial of a serious offense. The Board
concluded that the discharge was proper as issued and no change
is warranted.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
It 1s 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,
lo) Qons :
W. DEAN
Executive Di Oo
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