DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 00384-0909
6 November 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 28 October 2009. Your allegations of. error and.
injustice were réviewed 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 23 September 1982, at the age
of 18. On 24 August 1983, you received nonjudicial punishment. |
(NJP) for two occasions of being absent from your appointed place.
of duty and disobeying a lawful order. On 5 Pebruary 1985, you
were convicted at a special court-martial (SPCM) for being in an
unauthorized absence (UA) totaling 122 days, wrongfully - °
possessing alcohol and being intoxicated in the Bachelor Enlisted
Quarters (BEQ), wrongfully possession and use of marijuana. You
were sentenced to confinement for 60 days, reduction to pay grade
E-1, forfeiture of $500 and a bad conduct discharge (BCD). On
10 April 1985 you commenced appellate leave. On 25 February
i986, after appellate review you received the BCD. At that time
you were assigned an RE-4 reenlistment code.
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 and conviction by SPCM
for serious offenses. Accordingly, your application hag 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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