DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
NAVY ANNEX
CRS
WASHINGTON DC 203705100. Fee 4995-05
22 November 2006
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 21 November 2006. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you reenlisted in the Marine Corps on 26
February 1979 in the rank of lance corporal after more than three
years of prior active service. Your record reflects that you had
lost time from 19 August 1980 to 15 November 1983. Additionally,
you were reduced in rank to private.
Although the service record does not reflect the offenses of
which you were convicted, it is clear that you were found guilty
by a general court-martial and sentenced to a bad conduct
discharge (BCD). The record clearly shows that on 15 November
1983 you received a bad conduct discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your contention that your
BCD was upgraded to a general discharge and your rank was
restored. Nevertheless, the Board concluded that these factors
were not sufficient to warrant recharacterization of your
discharge due to your conviction by general court-martial and
lost time of more than three years. In this regard, the Board
found no evidence that your BCD has been upgraded or that your
rank has been restored, and you have provided no such evidence.
Based on the foregoing, the Board concluded that no change to the
discharge is warranted. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
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
existence of probable material error or injustice.
Sincerely,
\“V Qk
W. DEAN PF
Executive Di
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