DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 2640-08
20 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 19 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
On 27 January 1982, you enlisted in the Marine Corps at age
20. On 2 March 1982, you had nonjudicial punishment (NJP) for
violation of a lawful general order. On 16 October 1983, you
were convicted by a special court-martial of failure go to go
to your appointed place of duty, willful destruction of
property, breaking restriction, and urinating on another
Marine's uniform. Your sentence included confinement at hard
labor, forfeitures of pay, reduction in rank, and a bad conduct
discharge (BCD). On 18 October 1983 and 28 February 1984, you
had NJP for absence from your appointed place of duty, drunk
and disorderly conduct, destruction of a palmetto tree,
operating a motor vehicle while intoxicated, use of marijuana,
and two instances of possession of marijuana. On
15 October 1984, you were denied clemency and restoration to
duty. After the BCD was approved at all levels of review, on
6 November 1985, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth,
regret for your misconduct, and desire for a better discharge.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due
to the seriousness of your misconduct. Therefore, the Board
concluded that the discharge was proper as issued and no change
is warranted. 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,
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