DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 5473-10
2 February 2011
Faerie aca:
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 1 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You entered active duty in the Navy on 16 May 1989. You
received nonjudicial punishment for disrespect toward a
superior petty officer. On 30 September 1993, you were
convicted at a special court-martial of wrongfully
appropriating, altering, and using another service member’s
military identification card, and stealing and wrongfully
uttering six checks in the amount of $371.00. Your sentence
included a bad conduct discharge (BCD). On 11 August 1995,
after appellate review, you received the BCD.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, belief
that you were wrongly accused, and post service good conduct.
However, the Board concluded that your BCD should not be
changed due to your serious acts of misconduct. You are
advised that no discharge is upgraded due merely to the passage
of time or post service good conduct. In view of the above,
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to
Ffiave the Board recon$ider its decision upon submission of new
nd material evidefice or other matter not previously considered
by the Board. Wi 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,
W. DEAN Sh FEI ERR
Executive Divetto
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