DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 1449-10
4 November 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 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 on 14 October 1981 at age 17 and
began a period of active duty on 27 July 1982. You served
without disciplinary incident until 17 January 1984, when you
received nonjudicial punishment (NIP) for a one day period of
unauthorized absence (UA).
On 23 January 1986 you received NIP for a four day period of UA
and missing the movement of your ship. About six months later,
on 25 June 1986, you were convicted by special court-martial
(SPCM) of failure to go to your appointed place of duty,
disobedience, failure to obey a lawful order as evidenced by
drinking alcoholic beverages in the barracks, and 14
specifications of uttering checks with insufficient funds. You
were sentenced to confinement for 90 days, reduction to paygrade
E-1, a $500 forfeiture of pay, and a bad conduct discharge (BCD).
Subsequently, the BCD was approved at all levels of review and on
22 May 1987 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 and desire to upgrade your discharge. It also
considered your assertion that your period of service is
reflected as dishonorable in a “national data base.”
Nevertheless, these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct which resulted in two NUPs and a
ySPCM. Further, there is no evidence in your official military
personnel record that reflects your period of service as
“dishonorable.” Finally, the Board has no authority to recommend
changes to a “national data base” that may have erroneously
characterized your period of military service. 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,
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