DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 00969-09
4 November 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 2 November 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
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 16 May 1989. The Board found that you received three
nonjudicial punishments (NJP's) for assault, four periods of
unauthorized absence (UA) totaling 29 days, and use of
disrespectful language. You were also convicted by special
court-martial (SPCM) of wrongful appropriation of a government
vehicle and drunk and disorderly conduct. You were sentenced to
confinement, a forfeiture of pay, a reduction in paygrade, and a
bad conduct discharge (BCD). You received the BCD on 9 May 19954
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, desire to upgrade your discharge, and character
letters. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your three NUJP’s and conviction by SPCM of very 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.
gn this regard, it is important to keep in mind that a
resumption of regularity attaches to all official records.
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