DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
‘
ee” WASHINGTON DC 20370-5100 TIR
Docket No: 3062-10
26 January 2011
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 25 January 2011. 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 POLICICR «
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 2 February 1981 at age 18 and
served without disciplinary incident until 21 April 1981, when
you received nonjudicial punishment (NOP) for disrespect.
Shortly thereafter, on 3 June 1981, you received NUP for failure
to obey a lawful order by having an open book during testing.
On 16 June 1982 you received NJP for missing the movement of your
ship, two periods of failure to go to your appointed place of
duty, and failure to obey a lawful order by making long distance
On 10 September 1982, you were
(SPCM) of two periods of
unauthorized absence totalling 58 days and escaping from
custody. You were sentenced to confinement at hard labor for 60
days, a $600 forfeiture of pay, and a bad conduct discharge
(BCD). Subsequently, the BCD was approved at all levels of
review, and on 9 February 1984 you were issued a BCD.
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. Nevertheless,
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your misconduct
which resulted in three NJPs and a SPCM, and included two lengthy
periods of UA from the Marine Corps. 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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