DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 6182-10
14. April 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 12 April 2011. The names and votes of the
members of the panel will be furnished upon request. 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 enlisted in the Navy on 26 July 1982 at age 18 and
immediately began a period of active duty. You served without
disciplinary incident until 4 October 1985, when you received
nonjudicial punishment (NJP) for absence from your appointed
place of duty. On 16 October 1985 you received NJP for failure
to go to your appointed place of duty.
On 21 January 1986 were convicted by general court-martial (GCM)
of 47 specifications of uttering checks in the amount e& 61, 9221
with intent to defraud. You were sentenced to confinement for 12
months, forfeiture of all pay and allowances, reduction to
paygrade E-1, and a bad conduct discharge (BCD). Subsequently,
on 13 May 1986, the BCD was approved at all levels of review, and
on 6 April 1987, you were issued a BCD.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion that you should not continue to be
punished for one mistake. Nevertheless, these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct which
resulted in a NUP and a GCM. Finally, there is documented
evidence in the record that is contrary to your assertion of you
being punished for just “one” mistake. Accordingly, your
application has been denied.
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
presumpt*ion 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,
Lope,
W. DEAN PFE
Executive Dit
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