DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 10016-08
23 July 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 Naval
Records, sitting in executive session, considered your
application on 22 July 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 and medical records,
and applicable statutes, regulations and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Marine Corps on 11 March 1986. You received
nonjudicial punishment on two occasions for wrongful use of
marijuana, failure to go to your appointed place of duty, and
disobedience of a lawful order. On 17 October 1989, you were
found guilty at a special court-martial of two specifications
of unauthorized absence totaling about 217 days, and wrongful
appropriation of an automobile. Your sentence included a bad
conduct discharge (BCD). After appellate review, on
18 May 1990, you received the BCD.
The Board, in its review of your entire record, carefully
- weighed all potential mitigation, such as your youth and
medical problems. Nevertheless, the Board concluded that these
factors was not sufficient to warrant changing your BCD because
of your serious misconduct and lengthy periods of UA. In view
of the above, 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,
| ~ |
Executive Di
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