DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 07291-10
28 April 2011
n
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 13 April 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
injustice.
You had prior service in the Marine Corps from 1974 to 1980 and
received an honorable discharge. You reenlisted on 24 April
1980, and served without disciplinary incident until 12 March
1982, when you were convicted at a general court-martial (GCM) of
destruction of government property. Your sentence at the GCM
included a dishonorable discharge (DD). After appellate review,
on 23 April 1984, you were separated from the naval service with
a DD 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 DD was
unwarranted. However, the Board found that you pled guilty at
your GCM and your DD was confirmed by the United States Navy-
Marine Corps Court of Military Review. 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
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
L) Poon
W. DEAN PFET
Executive Di
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