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NAVY | BCNR | CY2012 | 03821-12
Original file (03821-12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

SIN
Docket No: 03821-12
13 March 2013

 

‘This is in reference to your application for correction of your
naval record pursuant to the provisions of titie 10 of the United
States Code, section i552.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 March 2013. 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 and began a period of active duty on

20 March 1987. The Board found that you were convicted by
general court-martial (GCM) of 54 days of unauthorized absence
and 59 specifications of uttering bad checks with intent to
defraud. You were sentenced to confinement, a forfeiture of pay,
a reduction in paygrade, and a bad conduct discharge (BCD). Yow
received the BCD on 3 March 1992 after appellate review was
completed.

The Board, in its review of your record and application,
carefully weighed ail potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
based on the information currently contained in your record,

the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your GCM conviction of

very serious offenses’ 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 ail 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,

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