DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 11349-09
13 August 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 4 August 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 17 September 1990 at age 18. You received two
counselings in which you were not recommended for promotion to
corporal due to misconduct and unprofessionalism, fist fighting
with another Marine on the rifle range, physical fitness training
(PPT) failure, and misbehavior at the barracks and the Enlisted
Men Club. On 29 January 1993, you were convicted by summary
court-martial (SCM) of umauthorized absence (UA) for a three day
period from your unit. On 11 May 1993, you were convicted by
special court-martial (SPCM) of wrongful possession and discharge
of a .38 caliber pistol in the barracks. The sentence imposed
was confinement for 30 days, forfeiture of pay, reduction in
paygrade and a bad conduct discharge (BCD). 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 a SCM and a SPCM conviction. 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.
jin this regard, it is important to keep in mind that a
‘spresumption of regularity attaches to all official records.
ponsequently, when applying for a correction of an official naval
“record, the burden is on the applicant to demonstrate the
fprtstence of probable material error or injustice.
Sincerely,
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