DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 5338-10
4 February 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 2 February 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 11 October 1985 after more than
four years of prior honorable service. On 18 June 1991, you were
convicted by special court-martial (SPCM) of bribery. The
sentence imposed was forfeiture of pay, reduction in paygrade and
a bad conduct discharge (BCD). On 19 October 1992, you received
the BCD after appellate review was complete.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. 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. 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 veteran's
benefits that accrued during your first period of service.
Whether or not you are eligible for benefits based on this period
of service is a matter under the cognizance of the Department of
Veterans Affairs (DVA). If you have been denied benefits, you
should appeal that denial under procedures established by the
DVA. I have enclosed a copy of your DD 214 that covers your
first 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,
\y
W. DEAN PFEI
Executive Di
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