DEPARTMENT OF THE NAVY
BOARL bo COBBLE TION OF MAVAL HEQUHDT
7O1 S. COURTHOUSE ROAD, SUITE 100!
ARLINGTON, VA 22204-2490
SIN ;
Docket No: 10937-14
22 January 2015
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. .
Although your application was not filed ina timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
6 January 2015. 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 1 -March 1989, you reenlisted in. the Navy after serving over
13 years of satisfactory service.. On 11 October 1995, you were
apprehended by the Navy Criminal Investigative Service in‘
connection with a November 1989 death of a South Carolina woman, .
At that time, you were on terminal leave pending transfer to the
Fleet Reserve.’ ‘On 16 October 1995, -you were placed on “Legal
hold pending trial by general court-martial (GCM) ." On
28 November 1995, your enlistment was involuntarily extended
pending trial by court-martial. On 17 April 1996, you pled
guilty to charges of premeditated murder, weapons’ possession and
drug offenses. You were sentenced to confinement ‘for life,:
forfeiture of all pay and allowances, a reduction in paygrade and
a dishonorable discharge (DD). Pursuant to a pretrial agreement,
your confinement was reduced to 30 years. You received the DD on
17 January 2006 after appellate review was. completed. .
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, desire to upgrade your discharge, request
for compensation for injuries you allege to have suffered during
your service, and retainer pay as a member of the Navy Fleet
Reserve. 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, compensation
- for injuries you alleged to have suffered during your service or
* to be transferred to the Navy Fleet Reserve. In this regard, as
stated in the Navy Personnel Command letter dated 22 August 2014,
the United States Court of Appeals for the Tenth Circuit denied
your claim for damages for service injury in 2001, and the United
States Court of Appeals for the Federal Circuit found you were
never transferred to the Fleet Reserve. Additionally, it stated
that your discharge was a lawful punishment adjudged by a duly.
authorized general court-martial, you have no legal status in the
Navy, are not a member of the Fleet Reserve, and not entitled to
any pay or benefits. Accordingly, your application has been
denied.
Tt 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.
ROBERT J. *NEILGL
Executive Director
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