DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS.
Docket No: 5678-10
29 March 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 16 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.
The Board found that you reenlisted in the Navy on 15 February
1992. On 3 December 2008 a general court-martial convened and
found you guilty of larceny, endeavoring to impede an
investigation, and receiving property of another on two
occasions. The court sentenced you to confinement for seven
months, reduction in rank, anda bad conduct discharge. You
received the bad conduct discharge on 4 January 2010.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your overall service, and
the contention that you were unjustly court-martialed since
certain evidence was not submitted on your behalf. The Board
concluded that those factors were insufficient to warrant
recharacterization of your service, given the seriousness of the
charges of which you were convicted. In addition, the Board has
no authority to disturb the findings or sentence of a court-
martial based on claims of legal error. Accordingly, your
hag been denied. The names and votes of the members
of the panel will be furnished upon request.
po
Concerning your request to correct errors in the transcript of
your general court-martial and as this is an administrative
matter, you should contact the Judge Advocate General of the
Navy, Washington Navy Yard, 716 Sicard Street SE, Suite 1000,
Washington, DC 20374,
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,
Vd. QouMed),
W. DEAN PFE
Executive Divecttor
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