DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 11300-0909
12 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 16 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy Reserve on 25
February 1992 and reported to active duty on that date. A
special court-martial convened on 3 February 1995 and found you
guilty of unauthorized absence, wrongful use of marijuana, and
breaking restriction and sentenced you to confinement, reduction
in pay grade, forfeiture of pay, and a bad conduct discharge.
On 6 November 2008 the Naval Discharge Review Board upgraded your
bad conduct discharge to a discharge under other than honorable
conditions.
In its review of your application the Board carefully weighed ail
potentially mitigating factors, such as your alleged medical
condition and personal improvements. The Board concluded that
those factors were insufficient to warrant recharacterization of
your service, given your extensive disciplinary record and the
serious nature of the offenses that resulted in your conviction
by a special.court-martial. Accordingly, your application has
been denied. The names and votes of the members of eRe pane?
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,
row WwW. DEAN ELFFER
Executive Director
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