DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TAL
Docket No: 4633-10
31 January 2011
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 26 January 2011. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You reenlisted in the Navy on 6 April 1981 after more than two
years of prior honorable service. On 3 August 1983 you were
convicted by special court-martial (SPCM) of larceny of an
automobile stereo and cassette player, a value of $200, and
unlawful entry. The sentence imposed was three months
confinement, reduction in paygrade and a bad conduct discharge
(BCD). The convening authority did not approve the BCD. You
were notified of pending administrative discharge processing with
an other than honorable (OTH) discharge due to misconduct. You
waived all of your procedural rights, including your right to an
administrative discharge board (ADB). On 23 November 1983 you
received the OTH discharge for misconduct due to commission of a
serious offense, and were assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, your overall last record of service and the
character letters accompanying your application. Nevertheless,
the Board found that these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct that resulted in a SPCM. The Board noted that
you waived your right to an ADB, your best opportunity for
retention or a better characterization of service. Accordingly,
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
The Board believes that you may be eligible for veterans’
benefits which accrued during your prior period of honorable
service. However, your eligibility is a matter under the
cognizance of the Départment of Veterans Affairs (DVA). In this
regard, you should contact the nearest DVA office concerning your
rights, specifically, whether or not you are eligible for
benefits based on this period of service.
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,
Los!
W. DEAN P
Executive Dirkexttor
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