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NAVY | BCNR | CY2010 | 08914-10
Original file (08914-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

 

WASHINGTON DC 20370-5100

BAN
Docket No: 08914-10
23 May 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 19 May 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 reenlisted in the Navy on 25 June 1999, after more than eight
years of honorable service. Your record is incomplete, but on 22
August 2001, you were convicted by special court-martial (SPCM)
of an Article 134, Uniform Code of Military Justice, violation
(conduct prejudicial to good order and discipline). Your
sentence included nine months confinement at hard labor and a bad
conduct discharge (BCD). After appellate review, on 8 February
2006, you received a BCD.

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
unwarranted. Therefore, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the serious nature of your SPCM conviction.
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,

eS

ROBERT D.” ZSALMAN
Acting Executive Director

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