DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 05776-10
28 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 23 February 2011. The names and votes of the
members of the panel will be furnished upon request. 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.
On 22 May 1984, you reenlisted in the Marine Corps after serving
over two years of honorable service. The Board found that you
received nonjudicial punishment (NUP) for wrongful use of
cocaine. You received a reduction in paygrade, a forfeiture of
pay, restriction, and extra duty. On 2 June 1986, you were
convicted at a special court-martial (SPCM) of 43 days of
unauthorized absence (UA) and missing movement through design.
You were sentenced to confinement, a forfeiture of pay, a
reduction in paygrade, and a bad conduct discharge (BCD). You
received the BCD on 22 April 1987 after appellate review was
completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your first period of honorable service and desire to upgrade your
discharge. Nevertheless, based on the information currently
contained in your record, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your NUP for drug use and SPCM conviction for very serious
offenses of missing movement and a lengthy period of UA.
Accordingly, your application has been denied.
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 tifis regard, it is ifoportant to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when apppying for a correction of an official naval
record, the burden is ‘on the applicant to demonstrate the
existence of probableg material error or injustice.
Sincerely,
LD
W. DEAN PF
Executive réeqgtor
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