DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX |
WASHINGTON DC 20370-5100
TAL
Docket No: 5217-09
8 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 31 March 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 ail 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 6 August 1985 at age 19. On 6 January 1986, you received
nonjudicial punishment (NUP) for failure to obey a regulation.
On. 1 December 1987, you received NUP for making a false official
statement, destruction of property and urinating in an elevator.
On 19 January 1988, you received NUP for wrongful use of
amphetamine, methamphetamine and cocaine. On 13 May 1988, you
were convicted by special court-martial (SPCM) of two instances
of making a false official statement. The sentence imposed was
60 days confinement, forfeiture of pay, reduction in paygrade and
a bad conduct discharge (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 a three NUPs and one SPCM. 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,
W. DEAN PFE
Executive Di
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