DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 12501-11
4 October 2012
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 2 October 2012. The names and votes of the
members of the panel will be furnished upon request. 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 at age 19 and began a period of active
duty on 6 December 1984. You served for nearly two years without
disciplinary incident, but on 9 December 1986 you were convicted
by civil authorities of two counts of second degree burglary and
second degree theft. You were sentenced to confinement for one
year and a total monetary obligation of $6,938.32.
On 26 December 1986, while in the custody of civil authorities,
you were processed for an administrative separation action by
reason of misconduct. After waiving your procedural right to
consult with legal counsel and to present your case to an
administrative discharge board (ADB), on 10 March 1987, your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to conviction by
civil authorities. On 11 April 1987 the discharge authority
approved this recommendation and directed your commanding officer
to issue you an other than honorable discharge by reason of
misconduct, and on 23 April 1987, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade your discharge, and explanation for
your periods of UA. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your misconduct which
resulted in a conviction by civil authorities. Further, you were
given an opportunity to defend yourself, but waived your
procedural right to present your case to an ADB. Accordingly,
your application has been denied.
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,
Executive Dire
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