PEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 26370-5100
REC
Docket No: 08402-09
9 June 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 9 June 2010. Your allegations of error and
injustice were reviewed jn 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 probabie material error or
injustice.
You enlisted in the Marine Corps on 7 February 1984, at the age
of 17. On 8 August 1985, you received nonjudicial punishment
(NJP) for causing damage to military property. On 30 August
1985, you received NUP for willful destruction of military
property and being absent from your appointed place of duty. On
17 November 1985, you received NUP again for being absent from
your appointed place of duty. On 13 March 1986, you were
convicted at a special court-martial (SPCM) for being in an
unauthorized absence status (UA), violation of a lawful general
order, operating a vehicle while drunk, wrongful use of
marijuana, being absent from your appointed place of duty, and
being UA from a field exercise. You were sentenced to a
Forfeiture of $600, reduction in pay grade, confinement at hard
labor for two months and a bad conduct discharge (BCD). After
appellate review, you were 580 discharged on 17 October 1986.
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 chat
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 will be furnished
upon request.
It ig 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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