DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
. SoN .
Docket No: 01317-09
11 December 2009
This is in veference 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 8 December 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice. .
On 24 May 1989, you reenlisted in the Navy after 15 years of
honorable service. On 12. February 1990, you were convicted by
special court-martial’ (SPCM) of forgery and wrongful use of
cocaine. You were sentenced to confinement, a reduction in
paygrade, and a forfeiture of pay. On 16 April 1990,
administrative discharge action was initiated to separate you by
reason of misconduct due to commission of a serious offense. You
elected to consult counsel and have your case heard by an
administrative discharge board (ADB). On 29 May 1990, the ADB
unanimously recommended separation with an other than honorable
discharge by reason of misconduct due to commission of a serious
offense. On 4 June 1990, your commanding officer concurred with
the ADB’s findings and recommendations and forwarded your case EO
the separation authority. On 9 July 1930, the discharge
authority directed an other than honorable discharge by reason of
misconduct due to commission of a serious offense. On 13 July
1990 you were so discharged. BO :
: i
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, and overall record of your last period of
active duty. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the SPCM conviction for forgery and drug
use. Accordingly, your application has been denied. The names
and votes of the members of the panel will be furnished upon
request.
The Board believes that you may eligible for veterans’ benefits
that accrued during your prior period of service. Whether or not
you are eligible for benefits based on this period of service is
a matter under the cognizance of the Department of Veterans
Affairs (DVA). If you have been denied benefits, you should
appeal that denial under procedures established by the DVA.
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 decigion 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,
\p )
W. DE ER
Executive, Direstor
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