DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX .
WASHINGTON DC 20370-5100 REC
Docket No: 01601-11
10 November 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title i0, of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
appiication on 9 November 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 enlisted in the Navy on 20 August 1998, at age 21. On 13
June 2000, you were convicted at a general court-martial (GCM) of
failure to obey an order or regulation, larceny, housebreaking,
wrongful appropriation, sale, loss, damage, or destruction of
military property, and resistance, flight, breach of arrest, or
escape. You were sentenced to a forfeiture of all pay and
allowances, reduction in pay grade, confinement for over 200
days, and a bad conduct discharge (BCD). The discharge authority
directed the execution of your BCD. On 9 July 2004, 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. Nevertheless, the Board found that these factors were
not sufficient to warrant recharacterization of your discharge
given your record of conviction by a GCM of serious offenses.
Bocordingly, 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.
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,
Executive xr xr
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 November 2008. During this period of UA the BCD was approved at all levels of review, and on 19 September 1984 you were so discharged. 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.
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NAVY | BCNR | CY2010 | 11523-10
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