DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 05764-10
11 April. 20211
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 31 March
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 served on active duty in the Navy from 23 March 1979 to 18 August
1982, when you received a bad conduct discharge pursuant to the
approved sentence of a special court-martial which convicted you of
theft of property from a shipmate.. In determining an appropriate
sentence, the court also considered two records of nonjudicial
punishment you received for unauthorized absence, failure to obey
an order, and larceny.
Although you sustained a significant injury to your elbow while on
active duty, and you might have been unfit for duty by reason of
physical disability at the time of your discharge, you were not
entitled to disability separation or retirement because your
conviction and sentence took precedence over and precluded
disability processing. Accordingly, and as you have not
demonstrated that it would be in the interest of justice for the Board
to upgrade your bad conduct discharge, 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 matte® 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,
Executive Di
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