DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 04143-09
22 March 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 16 March 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
28 May 1980 at age 20. On 6 February 1981, you were convicted by
summary court-martial (SCM) of unauthorized absence (UA) and
larceny. On 26 May 1981, you were convicted by special court~
Martial ({SPCM) of larceny and disobedience. You were sentenced
to a forfeiture of pay, reduction in pay grade, confinement at
hard labor, and a bad conduct discharge (BCD}. You received the
BCD after appellate review was completed.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and contentions. Nevertheless, the Board
found that these factors were not sufficient to warrant
recharacterization of your discharge given your SCM and SPCM
convictions for serious offenses. Concerning your contentions
please be advised that the Board is expressly forbidden by law
from reviewing the findings of guilt rendered by a court-martial
and therefore must restrict its review to the sentence which was
imposed. The Board concluded that a BCD was an appropriate
separation in light of the seriousness of your misconduct.
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,
No
W. DEAN PF
Executive D tor
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