DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 6071-07
25 February 2008
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This is in reference to your application for correction of your
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 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.
On 21 May 1982, you reenlisted in the Marine Corps at age 25
after three prior periods of honorable service. On 7 March 1985,
you were convicted by a special court-martial of a 36 day period
of unauthorized absence and 29 instances of wrongfully making a
draft with intent to deceive that totaled $2182.54. The court
sentenced you to confinement, reduction in rank, forfeitures of
pay, and a bad conduct discharge (BCD). The confinement was
subsequently removed. After the BCD was approved at all levels
of review, on 4 January 1986, you were so discharged
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your prior periods
of honorable service and desire for a better discharge. The
Board also considered your contention that you had 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.
The Board noted that as a result of your prior periods of
honorable service, you may be eligible for veteran's benefits.
You should contact the nearest office of the Department of
Veterans Affairs if you desire clarification about your
eligibility for those benefits.
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. prohable material error or injustice...
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Sincerely,
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Executive deo
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