DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 2749-11
34 March 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 of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 March 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 8 February 1995.
You received nonjudicial punishment and were convicted by a
summary court-martial for offenses that included an unauthorized
absence, dereliction of duty, making a false official statement,
failure to obey a lawful order, and use of an unauthorized pass.
A special court-martial convened on 24 February 1999 and found
you guilty of four periods of unauthorized absence, making a
false official statement, and stealing in excess of $100.00. The
court sentenced you to confinement for three months, reduction in
rank, fine of $500, and if not paid, 45 days of confinement, and
a bad conduct discharge. You were separated from the Navy with a
bad conduct discharge on 5 August 2002.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and good post
service conduct. The Board concluded that those factors were
insufficient to warrant recharacterization of your service, given
the seriousness of the 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 effie~elal 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,
\pQaan
W. DEAN PFEIF
Executive Direttor
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