DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 418-12
16 October 2012
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 11 October 2012. 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
11 May 1993 at age 19. On 25 August 1998, you were convicted by
special court-martial (SPCM) of making a false official
statement, writing checks with insufficient funds, and six
instances of failure to pay just debts. The sentence imposed
was confinement, a forfeiture of pay, reduction in paygrade and
a bad conduct discharge (BCD). The convening authority
suspended the BCD for one year. On 23 November 1998, you were
notified of pending administrative discharge processing with an
other than honorable (OTH) discharge due to misconduct. You
waived all of your procedural rights, including your right to an
administrative discharge board (ADB). On 24 November 1998, you
received the OTH discharge for misconduct.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
relief in your case was not warranted due to the seriousness and
repetitiveness of your misconduct that resulted in a SPCM. The
Board noted that you waived the right to an ADB, your best
chance for retention or a better characterization of service.
Finally, there is no provision of law or in Navy regulations
that allows for the recharacterization of service due solely to
the passage of time. 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,
Tee D, ttl Di ieeemene
ROBERT D. -ZSALMAN
Acting Executive Director
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