DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ©
WASHINGTON DC 20370-5100
TUR
Docket No: 8061-08
14 July 2009
a F
Ca sy 7
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 7 July 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 reenlisted in the Marine Corps on 3 August 1984 after seven
years of prior honorable service. You continued to serve without
Gisciplinary infraction until 10 May 1985, when you received
nonjudicial punishment (NJP) for failure to go to your appointed
place of duty. About two months later, on 3 July 1985, you
received NJP for drunk and disorderly conduct, failure to obey a
lawful order, breach of the peace, disrespect, disobedience, and
two periods of failure to go to your appointed place of duty.
On 31 March 1986 you received your third NUP for a two day period
of unauthorized absence (UA) and were awarded reduction to
paygrade E-2 and a $700 forfeiture of pay, which was suspended
for six months. However, on 23 April 1986, this suspended
punishment was vacated due to your continued misconduct. Also,
as a result of your continued misconduct, on 2 July 1986, you
were convicted by special court-martial (SPCM) of failure to
maintain sufficient funds and uttering 27 dishonorable checks in
the amount of $3,465. You were sentenced to reduction to
paygrade E-1, confinement at hard labor for 15 months, a $6,450
forfeiture of pay, and a bad conduct discharge (BCD).
On 14 October 1986 you submitted a written request for clemency,
stating in part, that you did not desire restoration to duty, but
desired a reduction in the forfeitures of pay and remission of
the punitive discharge. Nonetheless, the BCD was subsequently
approved at all levels of review and on 17 March 1988, while on
appellate leave, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and desire to upgrade your discharge
since you were allowed to serve with a severe mental handicap.
It also considered your letter of explanation regarding the
events of your period of service. 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 three NUJPs 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,
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