DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX —
WASHINGTON DC 20370-5100
TAL
Docket No: 6005-09
28 April 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, sitting in executive session, considered your
application on 21 April 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 and began a period of active
duty on 10 November 1980 at age 18. From 25 January 1982 through
21 January 1983 you received nonjudicial punishment (NUP) on
three occasions for urinating outside of a bowling alley, driving
a vehicle under the influence of alcohol and wrongful use of
Marijuana. On 5 April 1983, you were convicted by special count-
Martial (SPCM) for failure to go to your appointed place of duty,
disobeying a lawful regulation, assault and wrongful possession
of marijuana. The sentence imposed was confinement for four
months, forfeiture of pay, reduction in paygrade and a bad
conduct discharge (BCD). On 9 March 1984, you received the BCD
after appellate review was complete. .
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 the seriousness of your misconduct that
resulted in three NJPs and a SPCM. 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,
\s San
W. DEAN PFET
Executive Di
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