DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 10085-08
30 July 2009
ication for correction of your
This is in reference to your appl
isions of title 10 of the
naval record pursuant to the prov
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 29 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.
ntious 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 22 May 1980. You received
nonjudicial punishment for absence from your appointed place of
duty. You were counseled on six occasions for substandard duty
performance, assignment to the weight control program, and
writing insufficient fund checks. On 6 June 1983, you were
convicted at a special court-martial for six specifications of
unauthorized absence (UA) totaling about 91 days, possession
and distribution of marijuana, and wrongful use of cocaine.
Your sentence included a bad conduct discharge (BCD). On 7 May
1984, after appellate review, you received the BCD.
After careful and consci1e
The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your youth and
personal problems. Nevertheless, the Board concluded that
these factors were 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,
W. DEAN PF
Fxecutive or
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