DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 781-10
14 October 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 13 October 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. You entered active duty in the Navy on 12
February 1986, and served honorably until 5 October 1989. You
reenlisted on 6 October 1989. You were convicted at a general
court-martial of failure to collect and turn urine samples into
the Navy drug laboratory for approximately four months, and
larceny of prisoners’ valuables in the amount of 51,625.00
Your sentence included a bad conduct discharge (BCD). On 7
April 1994, after appellate review, you received the BCD.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your remorse and
prior honorable service. However, the Board concluded that
your BCD should not be changed nor should you be reinstated to
pay grade E-5 due to your serious misconduct. In view of the
above, 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
the Board. In this regard, it is important to keep in mind
©. a presumptsion of regularity attaches to all official
Becords. Cons@quent ly, 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,
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