DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 07269-10
31 March 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 30 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 the evidence submitted was insufficient
to establish the existence of probable material error or
iijuetice.
You had prior service in the Marine Corps from 1980 to 1984 and
received an honorable discharge. You reenlisted on 2 November
1984, and served without disciplinary incident until 7 May 1985,
when you were convicted at a special court-martial (SPCM) of
making a false official statement and wrongful appropriation of
property valued at $600.00. Your sentence at the SPCM included a
bad conduct discharge (BCD). After appellate review, on 23
October 1985, you were separated from the naval service with a
BCD and an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, prior honorable service, and belief that your BCD was
disapproved. However, your BCD was approved by the United Stated
Navy-Marine Corps Court of Military Review on 23 October 1985.
Therefore, the Board concluded these factors were not sufficient
to warrant recharacterization of your discharge because of the
seriousness of your misconduct. Finally, there is no provision
of law or in Navy regulations that allows for recharacterization
of service due solely to the passage of time. Accordingly, 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 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
xecord, the burden*is on the applicant to demonstrate the
existence of probable material error or injustice.
ae
Sincerely,
Nua
W. DEAN PFI
Executive Direc
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