DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 6375-09
25 October 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 20 October 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 28 July
1987 at the age of 17 with the consent of your guardian. On 16
August 1988 a special court-martial convened and found you guilty
of three periods of unauthorized absence totaling 89 days. The
court sentenced you to confinement at hard labor for 45 days,
reduction in rate, and a bad conduct discharge. You were
separated from the Marine Corps on 10 August 1989 with a bad
conduct discharge.
The Board did not accept your unsubstantiated contention to the
effect that your enlistment contract should be voided since you
were underage. While your record shows that you were 17 when
enlisted, you had the proper consent of your guardian. The Board
concluded that in view of the nature of your offenses, your
service was properly characterized as under other than honorable
conditions. 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
Bxistence of probable material error or injustice.
*
: Sincerely,
a AaNtwrs
a, W. DEAN PPE
Executive Di
ae
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