DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
“CRS
Docket No: 1146-09
26 March 2010
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 3 February 2010. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 5
November 1997. You received nonjudicial punishment on two
occasions for offenses that included drunk and disorderly
conduct, absence from appointed place of duty, disrespect,
failure to obey a lawful order, wrongfully and willfully damaging
government property, drunk driving, incapacitation for duty, and
possession of liquor in the barracks.
On 30 October 2001 a special court-martial convened and found you
guilty of breach of restraint and fleeing apprehension, and
sentenced you to confinement for 45 days, forfeiture of $650.00
per month for one month, reduction in rank, and a bad conduct
discharge. You were so discharged on 17 June 2004. ©
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
service, and the contention that your alcohol abuse contributed
to your misconduct. The Board concluded that those factors were
ansufficient to warrant recharacterization of your service, given
the serious nature of the misconduct which resulted in your
discharge. 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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