DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No. 4080-17 

Dear

This is in reference to your application for correction ofyour naval record pursuant to the provisions of 10 USC 1552.
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits. A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 13 June 2017. The names and votes of the members of the panel will be furnished upon request. Your allegations oferror 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. 
On 9 February 2012, you were found guilty at General Courts-Martial for violation of Article 
120. You were reduced in rank to El, given a dishonorable discharge, and 25 years confinement. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. You requested to be transferred to the Fleet Reserve effective your date of discharge. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors. In accordance with l0 U.S. Code§ 12740, a person who is convicted of an offense under the Uniform Code of Military Justice and whose sentence includes death; or is separated pursuant to sentence of a court-martial with a dishonorable discharge, a bad conduct discharge, or a dismissal, is not eligible for retired pay under this chapter. Accordingly, your application has been denied. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence 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 ofan official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely,