DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TAL
Docket No: 10152-09
6 July 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 30 June 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 6 October 1981 at age 17. You received nonjudicial
punishment (NUP) on three occasions for failure to obey a general
order and two instances of unauthorized absence (UA) from your
unit that totaled a period of 29 days. On 4 November 1985, you
were convicted by special court-martial (SPCM) of wrongful use of
marijuana. The sentence imposed was 120 days confinement ,
forfeiture of pay and a bad conduct discharge (BCD). The BCD and
30 days confinement were suspended for 12 months. On
28 February 1986, you received a general discharge.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. The Board noted that you were
fortunate to receive a general discharge after being awarded a
BCD at a SPCM. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge given the seriousness of your misconduct that resulted
in three NJPs and one 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,
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