DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4295-10
18 October 2010
This is in reference to your application for correction of your
naval record dated 20 April 2010, in which you requested
correction of your characterization of service and your reentry
code. The Board did not consider your request for correction of
your reentry code as that request was previously denied, and you
have not submitted any new material evidence concerning that
request.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 15 September 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 12 June
1985. You received nonjudicial punishment on two occasions for
offenses that included damaging a military vehicle, leaving post
prior to being relieved, and cashing 13 worthless checks.
A special court-martial convened on 11 August 1989 and found you
guilty of an unauthorized absence and cashing 36 worthless
checks. The court sentenced you to confinement for four months,
forfeiture of $466.00 per month for four months, reduction in
rate, and a bad conduct discharge. You were so discharged with a
bad conduct discharge on 9 January 1991.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and overall
service record. The Board concluded that those factors were
insufficient to warrant recharacterization of your service, given
the nature and severity of your offenses. 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,
IN
W. DEAN PFEWF
Executive Dire
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