DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 3535-08
25 February 2009
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 for Correction of Naval
Records, sitting in executive session, considered your
application on 24 February 2009. The names and votes of the
members of the panel will be furnished upon request.
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 19 September 1995 at age 20
and began a period of active duty on 6 November 1995. You served
without disciplinary incident until 8 August 1997, when you
received nonjudicial punishment for being incapacitated for duty
and were awarded restriction and extra duty for 14 days and a
suspended forfeiture of pay.
On 8 January 1999 you were convicted by general court-martial
(GCM) of dereliction of duty, and assault. You were sentenced to
confinement for 86 days, reduction to paygrade E-1, and a bad
conduct discharge (BCD). Subsequently, the BCD was approved at
all levels of review, and on 3 January 2005 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, satisfactory period of service, and explanations
regarding the offenses for which you were convicted by GCM. It
also considered your assertion that your offenses did not warrant
a BCD and desire to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your BCD because of the seriousness of your
misconduct. Accordingly, your application has been denied.
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,
err “PFEL
Executive Dindact
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