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NAVY | BCNR | CY2009 | 03048-09
Original file (03048-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
r WASHINGTON DC 20370-5100 REC

Docket No: 03048-0929
1 February 2010

 

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 26 January 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, 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.

You enlisted in the Navy and began a period of active duty on

11 August 1976, at age 18. You served honorably and were
discharged on 9 October 1985. You reenlisted in the Navy on

10 October 1985. On 20 July 1990, you were convicted at a
general court-martial (GCM) for seven specifications of larceny
of military property and three housebreakings. You were
sentenced to a forfeiture of $10,800, confinement for 20 months,
reduction in pay grade to E-1, and a dishonorable discharge (DD).
The discharge authority directed the execution of your DD. On
20 November 1991, after appellate review, you were so discharged.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your record of conviction by GCM.
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

a
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,

LS\ au. Sele

W. DEAN PFRIF
Executive D O

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