DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 8102-06
23 January 2008
This is in reference to your application tor 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 15 January 2008. Your allegations of error and
injustice were reviewed in accor ance with administrative
regulations and procedures pplicable 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.
You enlisted in the Marine Corps on 4 February 1985 at age 21
with prior service in the Army Reserve. On 17 May 1986 you
received nonjudicial punishment for an absence from your
appointed place of duty. On 19 December 1986 you were convicted
by a special court-martial of use of marijuana and larceny of
personal property valued in excess of $100. The court sentenced
you to forfeiture of $200 pay per month for five months,
confinement at hard labor for 60 days, reduction to pay grade E-1
and a bad conduct discharge. The discharge was suspended for a
probationary period of 12 months.
Subsequently, you were an unauthorized absentee for about 20 days
and the suspension was vacated. Apparently about this time, you
were placed on appellate leave. The bad conduct discharge was
issued on 1 March 1988.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, prior
honorable service in the Army Reserve and the documentation you
submitted showing that you have been a good citizen for some
violation of probation. The Board concluded that the discharge
was proper as issued and no change 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,
Executive D
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