DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 6507-08
28 May 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 27 May 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 26 April 1988 at age 19 and
began a period of active duty on 14 September 1989. You served
for nearly a month without disciplinaty incident, but on 7
November 1989, you received nonjudicial punishment (NJP) for
having an unauthorized female visitor in the barracks. On 31
March and again on 25 July 1990, you received NUP for a one day
period of unauthorized absence (UA) and failure to obey a lawful
order by wearing an earring.
On 28 March 1991 you received your fourth NJP for three periods
of failure to,go to your appointed place of duty and were awarded
a $800 forfeiture of pay, restriction for 30 days, and reduction
to paygrade E-2. On 7 November 1991 you were convicted by
Special court-martial (SPCM) of five periods- of failure to go to
your appointed place of duty, four specifications of
insubordination, dereliction of duty, and two specifications of
having unauthorized female visitors in the barracks. You were
sentenced to confinement for two months, a $800 forfeiture of
pay, and a bad conduct discharge (BCD). Subsequently, the BCD
was approved at all levels of review and on 8 May 1993 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, desire to upgrade your discharge, and the passage of
time. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your BCD because. of
the seriousness of your repetitive misconduct which resulted in
four NJPs and a court-martial conviction. 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,
\y
W. DEAN PF ER
Executive tor
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