DEP AOTMENT OF THE NAVY
BOARD FOR CORRECTION Gl NAVAL RECORDS
2 NAVY AN?oLX
WASHINGTON DC 203 70-L40
SuW
Docket No: 10267-06 ©
5 October 20993
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 29 September 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 29 December 1982 at age 18. On 25 June 1984, you were. -
convicted by summary court-martial (SCM) of 34 days of
unauthorized absence (UA). On 8 August and 18 September 1984,
you received nonjudicial punishment (NJP) for disobedience,
disrespectful language, and destruction of property.
Additionally, you were counseled and warned that further
misconduct could result in administrative discharge action. On
14 December 1984, you were convicted by special court-martial
(SPCM) of three periods of UA totaling 20 days, not having an
Armed Forces Identification Card, and two specifications of
wrongful appropriation. You were sentenced to confinement at
hard labor, a forfeiture of pay, 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
record of service, and the character letters accompanying your
application. Nevertheless, the Board found that these factors
were not sufficient to warrant recharacterization of your
discharge given your SCM conviction, two NJP’s, and conviction by
SPCM 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,
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