DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 8469-10
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 reenlisted in the Navy on 16 May 1987 after nearly four years
of prior honorable service. You continued to serve without
disciplinary incident until 8 November 1994, when you were
convicted by general court-martial (GCM) of larceny of housing
allowances for the period from 24 March 1989 to 21 October 1994
and signing a false official document with intent to deceive the
government. You were sentenced to confinement for nine months,
forfeiture of all allowances and pay, reduction to paygrade E-1,
and a bad conduct discharge (BCD). Three months of the
confinement was suspended for 12 months. Subsequently, the BCD
was approved at all levels of review and on 22 July 1996, you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service, post service conduct, and desire to
upgrade your discharge. It also considered the several accolades
submitted in support of your request and your assertion that the
BCD is adversely affecting your ability to gain employment.
Nevertheless, these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct. 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
presumption of regularity attaches to all official records.
Consequentiy, 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,
\y)
W. DE
Executive
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