DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 5375-10
21 October 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 29 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 24
August 1998. You received nonjudicial punishment on four
occasions for offenses that included willfully destroying
military property, uttering checks, making and uttering worthless
checks, and failure to go to appointed place of duty.
On 6 July 2001 a special court-martial was convened and found you
guilty of making worthless checks. The court sentenced you to
confinement for 90 days, forfeiture of pay, reduction in rate,
and a bad conduct discharge. You were so discharged on 19
February 2004.
The Board did not accept your unsubstantiated contention to the
effect that you suffered from mental disorder which caused your
misconduct. In addition, it was not persuaded that your
misconduct was significantly extenuated or mitigated by the
effects of a mental disorder. The Board concluded that in view
of the nature and severity of your offenses, your service was
properly characterized as under other than honorable conditions.
Accordingly, and as you have not demonstrated that it would be
in the interest of justice to upgrade your discharge, 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 P 2
Executive rector
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