DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 5297-10
3 February 2011
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 2 February 2011. 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 21 September 1978 at age 17. You received nonjudicial
punishment (NJP) on two occasions for two instances of failure to
go to your appointed place of duty, two instances of
insubordinate conduct toward a superior noncommissioned officer,
and two instances of failure to obey a lawful order. On 30 April
1980, you were convicted by special court-martial (SPCM) of
unauthorized absence (UA) from your unit for a period of 208 days
and possession of 6.3 grams of marijuana. The sentence imposed
was four months confinement and forfeiture of pay. On 4 August
1980, you were again UA from your unit for a period of 345 days
until you surrendered on 15 July 1981. On 29 July 1981, you were
again convicted by SPCM of the forgoing period of UA and
sentenced to 90 days confinement, forfeiture of pay and a bad
conduct discharge (BCD). On 21 October 1982, 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 NJPs, two SPCMs and periods of UA that lasted
over one year and six months. 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 D
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