DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON OC 20370-5100
TAL
Docket No: 3935-09
23 April 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 14 April 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 19 April 1985 at age 20. On 1 August 1985, you received
nonjudicial punishment (NJP) for assauit. On 25 October 1985,
you were convicted by special count-martial (SPCM) for larceny.
The sentence imposed was 90 days confinement, forfeiture of pay,
reduction in paygrade and a bad conduct discharge (BCD). The BCD
was suspended for 12 months. On 19 February 1987, you received
NIP for two instances of insubordinate conduct toward a
noncommigsioned officer. On 20 October 1987, you were again
convicted by SPCM for two instances of disobeying a lawful order,
resisting arrest, drunk driving and assault. The sentence
imposed was three months confinement, forfeiture of pay,
reduction in paygrade and a BCD. 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 two NUPs and two SPCMs. 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.
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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