DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ‘
WASHINGTON DC 20370-5100
SoN
Docket No: 04420-09
9 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.
R three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 April 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, cogether 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You reenlisted in the Navy on 4 January 1989 after serving over
nine years of honorable service. On 27 June 1990 and 7 January
1991, you were counseled regarding your failure to pay your
debts, making overdrafts, having overdrawn accounts, and
a@isobedience. You were warned that further deficiencies in your
performance or conduct could result in administrative discharge
action. On 2 June 1991, you were convicted by special court~
martial (SPCM) of two specifications of forgery and larceny. You
were sentenced to confinement at hard labor, a forfeiture of pay,
4 reduction in paygrade, and a bad conduct discharge (BCD). You
received the BCD after appellate review was completed.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, and overall record of your last period of
service. Nevertheless, the Board found that these factors were
not sufficient to warrant recharacterization of your discharge
given your conviction by SPCM for serious offenses. 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.
Congequently, 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,
W. DEAN PF E
Executive rettor
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