DEPARTMENT OF THE NAVY:
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 9403-08
30 July 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 28 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 enlisted in the Marine Corps on 26 February 1983 at age 17
and began a period of active duty on 19 September 1983. You
serve without disciplinary infraction until 31 January 1986, when
you received nonjudicial punishment (NUP) for disrespect,
dereliction of duty, and loitering on post. On 8 September 1986
you received NUP for a 31 day period of unauthorized absence
(UA). Shortly thereafter, on 17 October 1986, you were convicted
by special court-martial (SPCM) of insubordination and five
specifications of disobedience. You were sentenced to
confinement at hard labor for 60 days and a bad conduct discharge
(BCD). Subsequently, the BCD was approved at ail levels of
review and on 9 February 1987 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, post service conduct, and desire to upgrade your
discharge. It also considered your assertion that the BCD was
too harsh. 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 two NUPs, SPCM, and the BCD. 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,
W. DEAN PF
Executive D
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