DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
TAL .
Docket No: 8355-13
2 October 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 24 September 2014. 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
6 March 1987 at age 19. On 16 August 1990, you received
nonjudicial punishment (NJP) for wrongfully obtaining telephone
service. On 12 July 1994, you were convicted by general court-
martial (GCM) of dereliction in the performance of duties, 18
instances of larceny of U.S. currency totaling $2995, larceny of
property belonging to another person, and 17 instances of
wrongfully opening and stealing mail addressed to another U.5.
service member. The sentenced imposed was confinement, a
forfeiture of pay, reduction in paygrade and a dishonorable
discharge (DD). On 25 September 1995, you received the DD after
appellate review was complete.
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 found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in an NUP and a GCM conviction. Finally, there is no
provision of law or in Navy regulations that allows for
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.
a 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 within one year from the date of the Board’s
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. 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,
ROBERT J. O'NEILL
Executive Director
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