DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
REC
WASH :
INGTON DC 20570-5100 Docket No: 10620-10
27 July 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, of the
United States Code, section 1552.
A three-member panel ef the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 27 July 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 21 August 1980, after ten years of
honorable service. On 27 April 1987, you received nonjudicial
punishment (NJP) for failure to pay just debts by deceit,
evasion, and making false promises. On 17 June 1987, you
received NUP for soliciting another to commit an unknown offense.
On 7 January 1988, you were convicted at a special court-martial
(SPCM) of wrongful appropriation, and two incidents of unlawfully
altering documents. You were seritenced to a reduction in pay
grade, confinement at hard labor for three months, and a bad
conduct discharge (BCD). The discharge authority directed the
execution of your BCD. On 15 March 1989, after appellate review,
you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service, and Vietnam service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your record of two NJP’s and conviction
by SPCM of serious offenses. 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,
W. DEAN DFE
Executive D or
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