DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 021-10
21 September 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 15 September 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 22 September 1987 at age 21. You received nonjudicial
punishment (NUP) on five occasions from 2 March 1988 through
5 June 1989 for wrongful solicitation of money, unauthorized
absence (UA) from your appointed place of duty, withdrawal of
$150 from a credit union with insufficient funds, and two
instances of failure to go to your appointed place of duty. On
12 June 1989, you were convicted by summary court-martial of a
seven day period of UA from your unit, two instances of
insubordinate conduct toward a noncommissioned officer, two
instances of disobeying a lawful order by dereliction and
sleeping on duty. On 30 August 1989, you received NJP for UA
Erom your appointed place of duty. On 7 November 1989, you were
convicted by special court-martial of failure to go to your
appointed place of duty, writing four checks with insufficient
funds for a total of $810.00 and breaking restriction. The
sentence imposed was 75 days confinement, forfeiture of pay,
reduction in paygrade and a bad conduct discharge (BCD). On 10
October 1991, 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 six NJP’s, 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.
te 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,
Lees
Executive Di
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