DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1228-19
7 April 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 31 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you reenlisted in the Navy on 30 April 1982.
On 10 July 1985 a special court-martial convened and found you
guilty of an assault with a fire axe and communicating a threat
to kill. The court sentenced you to confinement at hard labor
for 120 days, forfeiture of $200.00 per month for two months,
reduction in vank, and a bad conduct discharge. You were so
discharged on 6 September 1988.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
service, and the contention that your rights were denied by the
special court-martial. The Board conciuded that those factors
were insufficient to warrant recharacterization of your service,
given the serious nature of the misconduct which resulted in your
discharge. In addition, the Board noted that it has no authority
to disturb the findings or sentence of a court-martial based on
claims of legal error. 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.
Consequentiy, 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,
lb Neuss
Executive Di or
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