DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 08600-0609
12 June 2010
This ig 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 3 June
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 Boara 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 Reserve and entered on active duty on on
24 June 1987. You received nonjudicial punishment (NIP) on twelve
occasions and were convicted by special court-martial of failing to
report for restricted men’s musters On multiple occasions and
violation of a lawful general regulation by wrongfully possessing
two U.S. armed Forced Identification Cards. You were discharged from
the Navy Reserve on 22 February 1993 with a bad conduct discharge
pursuant to the approved findings and sentence of the special
court-martial.
The Board was not persuaded that you lacked mental responsibility
for your actions or that you were unfit for duty by reason of physical
disability at the time of your discharge. It noted that you would
not have been eligible for disability separation or retirement even
if you had suffered froma condition that rendered you unfit for duty,
because your conviction by special court-martial and punitive
discharge would have taken precedence over disability evaluation
processing. Accordingly, and as you have not demonstrated that it
would be in the interest of justice for the Board to upgrade your
bad conduct discharge, 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,
WWentssl,
W. DEAN PF
Executive D
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