DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 2355-09
24 February 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 February 2010. The names and votes of the
members of the panel will be furnished upon request. 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 on 8 April 1987 at age 18 and
began a period of active duty on 28 December 1987. You served
for nearly two years without disciplinary incident. However, on
6 April 1990, you were convicted by special court-martial (SPCM)
of desertion for a 77 day period of unauthorized absence. You
were sentenced to confinement for 75 days, a $2,346 forfeiture of
pay, reduction to paygrade E-1, and a bad conduct discharge
(BCD). Subsequently, the BCD was approved at all levels of
review and on 23 May 1990, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade your discharge, and the passage of
time. Nevertheless, these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your lengthy period of UA from the Marine Corps. Finally, no
discharge is upgraded due solely to the passage of time.
Accordingly, your application has been denied.
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,
ee
Executive ‘Di Recto
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