DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 09851-07
26 November 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
application on 25 November 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 and began a period of active
duty on 15 August 1977 at age 17. During the period from 21
August 1979 to 18 March 1981, you received four nonjudicial
punishments (NJP’s) for two instances of disobedience, three days
of unauthorized absence (UA), two specifications of disrespect,
breaking restriction, and possession of drug paraphernalia. You
also were convicted by special court-martial (SPCM) of assault.
On 22 May 1981, you were convicted by a second SPCM of assault,
breaking restriction, and disrespect. You were sentenced to
confinement at hard labor, a forfeiture of pay, and a bad conduct
discharge (BCD). You 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, overall
record of service, and contention that you were falsely accused
of assaulting your roommate at the time. Nevertheless, the Board
found that these factors were not sufficient to warrant
recharacterization of your discharge given your four NUJP'’s and
convictions by SPCM for assaulting fellow Marines. Concerning
your contention, there is no evidence in the record to support
it, and you submitted no such evidence. further, the Board is
expressly forbidden from reviewing the findings of guilt rendered
by a court-martial and must restrict its review to the
appropriateness of the sentence. 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,
W. DE R
Bxecutive or
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