DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket Ne: 3445-09
8 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 3 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 17 January
1989. On 1 February 1990 a special court-martial convened and
found you guilty of six specifications of bribery, and sentenced
you to confinement for six months, forfeiture of $482.00 per
month for two months, reduction in rank, and a bad conduct
Gischarge. You were so discharged on 9 October 1991.
The Board did not accept your unsubstantiated contention to the
effect that your misconduct was related to the symptoms of
undiagnosed posttraumatic stress disorder. The Board concluded
that in view of the serious nature of your misconduct a bad
conduct discharge was appropriate in your case and that you have
failed to demonstrate that it would be in the interest of justice
to upgrade the discharge. 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,
Wp Doar)
W. DEAN P
Executive Di
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