DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
TAL
Docket No: 3881-12
25 February 2013
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 21 February 2013. 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 8 February 1988 at age 19. On 13 February 1992, you were
convicted by special court-martial (SPCM) of four instances of
unauthorized absence (UA) from your unit for a period of eight
days, 10 instances of wrongful appropriation, eight instances of
forgery, writing a check without sufficient funds, three
instances of unlawfully entering a dwelling, falsely altering an
armed forces identification card and carrying a concealed
weapon. The sentence imposed was confinement, a forfeiture of
pay, reduction in paygrade and a bad conduct discharge (BCD).
On 26 February 1993, you received the BCD after appellate review
was complete.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and Desert Shield/Storm service.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
the seriousness of your misconduct that resulted in a SPCM.
Finally, no discharge is upgraded merely because of 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,
la
W. DEAN PF!
Executive Divector
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