DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 1422-10
26 October 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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. 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 on 21 October 1976 at age 18 and
began a period of active duty on 10 January 1977. You served
without disciplinary incident until 4 August 1977, when you
received nonjudicial punishment (NIP) for two periods of failure
to go to your appointed place of duty and dereliction ef duty.
During the period from 11 January to 21 November 1978 you
received NUP on seven more occasions. Your offenses were
wrongfully drinking beer in the barracks, disorderly conduct,
breaking restriction, three specifications of disrespect,
destruction of government property, disobedience, communicating a
threat, two specifications of using provoking speech, and a four
day period unauthorized absence.
On 31 July 1980 you were convicted by general court-martial (GCM)
of damaging government property valued at $1,109.98. You were
sentenced to confinement at hard labor for five years, forfeiture
of all pay and allowances, and a dishonorable discharge (DD). On
6 November 1980 the DD was mitigated to a bad conduct discharge
(BCD) and the confinement was reduced to three years. The BCD
was subsequently approved at all levels of review and on 18
October 1984 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
‘discharge so that you may obtain medical benefits. Nevertheless,
Mnese factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your repetitive
tmisconduct which resulted in eight NJPs and a GCM in such a short
timeframe. 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,
W. DEAN PFE |
Executive Diréc
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