DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 837-10
26 October 2010
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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 20 October 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 31 May 1978 at age 17. You received nonjudicial
punishment (NJP) on three occasions for unauthorized absence from
your unit, possession of two armed forces identification cards,
possession of a false armed forces identification card and
failure to go to your appointed place of duty. After your second
NUP, you were counseled and warned that further offenses could
result in administrative separation. On 2 February 1983, you
were convicted by general court-martial (GCM) of damage totaling
$4,559 to an M-60Al tank, wrongful appropriation of the tank, and
misbehavior of a sentinel by leaving your post before being
properly relieved. The sentence imposed was nine months
confinement, forfeiture of pay and a bad conduct discharge (BCD).
On 31 January 1983, 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 three NJPs and a GCM. 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.
Ip 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,
W. DEAN P
Executive
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