DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 00105-10
13 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 5 October 2010. The names and votes of the
members of the panel will be furnished upon request. 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
La US ELee.
You enlisted in the Marine Corps and began a period of active
duty on 15 February 1983. The Board found that you received
three nonjudicial punishments (NJP’s) for three periods of
unauthorized absence (UA), were convicted by summary court -
martial (SCM) of UA and breaking restriction, and were convicted
by two special courts-martial (SPCM’s) of 32 days of UA, two
specifications of disrespect, two specifications of disobedience,
and two specifications of assault. Asa result of your second
SPCM, you received confinement, a forfeiture of pay, and a bad
conduct discharge (BCD). You received the BCD on 11 April 1988
after appellate review was completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
based on the information currently contained in your record,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your three NJP’s, SCM,
and two SPCM convictions for serious offenses. Accordingly,
your application has been denied.
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,
Lo DaSelel
W. DEAN PF
Executive D cto
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