DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: 02245-11
LL October 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 October 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 and began a period of active duty on
25 October 1990. The Board found that you served without
incident for over 17 years, until 26 September 2008, when you
were convicted by special court-martial (SPCM) of four
specifications of making a false official statement. You were
sentenced to a suspended forfeiture of pay, and 89 days of.
confinement. Subsequently, although you did not receive a
punitive discharge, administrative discharge action was initiated
by reason of misconduct due to commission of a serious offense.
You elected to consult counsel and have your case heard before an
administrative discharge poard (ADB). On 12 February 2009, the
ADB unanimously recommended separation with an other than
honorable (OTH) discharge by reason of misconduct due to
commission of a serious offense. On 27 February 2009, your
commanding officer concurred with the ADB's findings and
forwarded his recommendation that you be discharged to the Chief
of Naval Personnel. On 12 June 2009, the discharge authority
directed an OTH discharge by reason of misconduct due to
commission of a serious offense. On 18 June 2009 you were 50
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your overall prior
honorable service. Nevertheless, the Board concluded these
factors were not sufficient to warrant setting aside your
discharge given your conviction by SPCM of a very serious
offense. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
The Board did-not consider whether to upgrade your discharge or
change the reason for separation because you have not exhausted
your administrative remedy of applying to the Naval Discharge
Review Board (NDRB). You may apply to NDRB by submitting the
attached DD Form 293.
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 jis on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
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