DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 . REC
Docket No: 10965-08
8 October 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of titie 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 23 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, reguiations,
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 3 May 1982. On
25 June 1986, you received nonjudicial punishment (NJP) for
wrongful use of marijuana. On 16 October 1986, you received a
special court-martial (SPCM) for stealing $140.00 from a fellow
service member. You were sentenced to a reduction in paygrade,
confinement at hard labor, forfeiture of pay and allowances, 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 and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your record of NUP for drug use, and
conviction by SPCM for larceny. Accordingly, your application
has been denied. The names and votes of the members of the panel
will be furnished upon request.
It ig xegretted that the circumstances of your case are such that
favorable action cannot be taken. ‘You are entitled to hava 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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