DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION GF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 8317-13
4 September 2014
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 3 September 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.
On 31 May 2000, you reenlisted in the Navy after serving over
10 years of prior honorable service. The Board found that on
11 March 2004, you were convicted by general court-martial (GCM)
of larceny and two specifications of fraud against the United
States. You were sentenced to a period of confinement, a
reduction in paygrade, and a bad conduct discharge (BCD). You
received the BCD on 3 January 2005 after appellate review was
completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and desire to upgrade your
discharge. Nevertheless, based on the information currently
contained in your record, the Board concluded these factors were
" presumption of
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, git is important to keep in mind that a
egularity 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,
ROBERT J. O’ NEILL
Executive Director
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