DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 07821-07
3 July 2008
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
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 9 January 1978 at age 21. on
6 March and 18 July 1978, you received nonjudicial punishment
(NJP) for disobedience and being out of uniform. On 30 January
1979, you were convicted by special court-martial (SPCM) of three
specifications of unauthorized absence (UA) totaling 114 days.
You were sentenced to a reduction in paygrade, confinement at
hard labor, and a forfeiture of pay. On 16 January 1980, you
were convicted by a second SPCM of two specifications of UA
totaling 186 days and assault with a deadly weapon. You were
sentenced to. confinement at hard labor, a forfeiture of pay, and
a bad conduct discharge (BCD). On 20 March 1980, you waived your
right to request restoration to full duty and received the BCD
after appellate review was completed.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall period of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your two NJP’s, convictions by two SPCM’s
for periods of UA totalin
weapon. Accordingly,
names and votes of the
upon request.
g 10 months, and assault with a deadly
your application has been denied. The
members of the panel will be furnished
It is regretted that the circumstances of your case are such that
favorable action cannot be taken.
Board reconsider its decision upon
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,
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