DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S, COURTHOUSE ROAD, SUITE TOOT
ARLINGTON, VA 22204-2490
TJR
Docket No: 3484-13
21 March 2014
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 18 March 2014. 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. = ‘ so .
' You enlisted in the Navy and began a period of active duty on 27
May 1988. You served for about nine months without disciplinary -
incident, but during the period from 21 February to 6 September
1989, you received nonjudicial punishment. (NUP) on two occasions
for a three day period of unauthorized absence (UA), absence from
your appointed place of duty, and disobedience. On 8 November
1989 you were convicted by special court-martial (SPCM) of theft
of a $167.14 car stereo from a ‘fellow shipmate, destruction of
property valued at $223.62, and failure to obey'a lawful order by
wrongfully possessing a knife, . You were sentenced to confinement
for four months, a $800 forfeiture of pay, reduction to paygrade
E-1, and a bad conduct discharge (BCD). The BCD was subsequently
_ approved at all levels of review, and on 23 August 1990 you were
-so discharged. | |
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and post service conduct.
| Nevertheless, the Board concluded these factors were not -
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct which
included theft from a fellow Sailor and resulted in two NUJPs and
an SPCM. 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
Sincerely, ,
TR ead Sa
ROBERT D. ZSALMAN
Acting Executive Director
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