DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 3716-07
ll February 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10. United
States Code, Section 1552.
A three-member panel of the Board tor correction of Nave)
Records, Sitting in executive fesse TPES Clee raed
application on 7 February 2008. 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.
You enlisted in the Marine Corps on 23 July 1979 at age 17 and
served without disciplinary incident until 21 February 1980, when
you received nonjudicial punishment (NJP) for disobedience,
carrying a concealed weapon, and absence from your appointed
place of duty. About five months later, on 8 July 1980, you
received NJP for absence from your appointed place of duty,
disrespect, failure to go to your appointed place of duty, and
five specifications of failure to obey a lawful order.
On 17 March 1981 you were convicted by special court-martial
(SPCM) of disobedience and two specifications of assault. You
were sentenced to confinement at hard labor for 85 days,
reduction to paygrade E-1, and a bad conduct discharge (BCD).
Twenty-five days of the confinement and the BCD were suspended
for six months. On 29 September 1981 you were again convicted by
SPCM of three specifications of disobedience and dereliction of
duty. You were sentenced to confinement at hard labor for one
months and a $339 forfeiture of pay.
On 11 January 1982 you received your third NJP for disrespect and
two specifications of using provoking speech. The punishment
imposed was a $550 forfeiture of pay. Six months later, on 16
June 1982, you were convicted by SPCM of two specifications of
disrespect, disobedience, two specifications of assault, and two
periods of unauthorized absence (UA) totalling seven days. You
were sentenced to a $1,468 forfeiture of pay, confinement at hard
labor for four months, and a BCD. After the BCD was approved at
all levels of review, on 16 February 1983 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade your discharge, and the passage of
time. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct, which
resulted in three NJPs and three court-martial convictions.
Further, you were given an opportunity to earn a better
characterization of service when the BCD you received at an
earlier court-martial was suspended, but failed to do so ag
evidenced by your continued misconduct. Finally, no discharge is
upgraded merely because of the passage of time. 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,
Loa? p
W. DEAN P
Executive or
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