DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SIN
Docket No: 07992-08
25 June 2009
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 Navai
Records, sitting in executive session, considered your
application on 16 June 2009. 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 30 April 1980 at age 20. On 25 January 1982 you were
convicted by special court-martial (SPCM) of wrongful sale of
government property and receiving stolen property.
On 27 April 1982 you requested an other than honorable discharge
for the good of the service in lieu of trial by court-martial for
wrongful use of marijuana, three specifications of possession or
marijuana, and three specifications of transferring marijuana.
However, your request was denied, and on 7 May 1982, were
convicted by SPCM for those offences. You were sentenced to
confinement at hard labor, a forfeiture of pay, a reduction in
paygrade, 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
period of service, and post service accomplishments.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
your record of two SPCM convictions for very serious offenses.
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. DEAN PF
Executive Di
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