DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 02589-09
25 March 2010
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, gitting in executive session, considered your
application on 24 March 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 23 February 1988, at the age
of 20. On 14 March 1989, you réceived nonjudicial punishment
(NOP) for being in an unauthorized absence (UA) status for a
seven day period. On 20 April 1989, you received NIP for
submitting a false official statement. On 20 June 1989, you
received NUP for three occasions of failing to report to your
appointed place of duty, being UA for two days and willfully
disobeying an order. On 3 October 1991, you were convicted at a
special court-martial (SPCM) for an additional 12 days of UA, and
four instances of intent to defraud by writing checks with
‘nsufficient funds in the amount of over $1,600. You were
sentenced to confinement for five months, reduction to pay grade
E-1 and a bad conduct discharge (BCD). On 9 April 1992, you
began appellate leave. The discharge authority directed the
execution of your’ BCD. On 8 July 1993, after appellate review,
you were so discharged.
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 three NUP’s and conviction
by SPCM. Accordingly, your application has been denied. The
names and votes of the members of the panel wiil be furnished
upon request.
Tt 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,
W. DEAN R
Executive ctor
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