DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 476-07
24 July 2007
Dear nha an
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 July 2007. 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 25 October 1982 you enlisted in the Marine Corps at age 17
with parental consent and served without incident for about three
years. However, on 25 November 1985 you were convicted by a
general court-martial (GCM) of writing worthless checks totaling
$4,565. The court sentenced you to reduction in rank,
confinement at hard labor (CHL), forfeitures of pay, and a bad
conduct discharge (BCD). On 7 April 1986 you requested
restoration to duty, and on 6 August 1986 you were offered
restoration to duty and a suspension of the BCD if you agreed to
extend your enlistment for a sufficient period to allow 12 months
of service after restoration. However, on 26 August 1986 you
declined the offer. After the BCD was approved at all levels of
review, on 27 July 1988 you were so discharged.
The Board, in its review of your entire record, carefully
considered all mitigating factors, such as your youth and period
of good service. The Board also considered your contention of
declining the offer of restoration to duty because of personal
problems. Nevertheless, the Board found that these factors were
not sufficient to warrant recharacterization of your discharge
due to the seriousness of your misconduct. Regarding your
contention, personal problems do not excuse misconduct.
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 Dit
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