DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 5897-10
3 March 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 l March 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You entered active duty in the Marine Corps on 23 July 1981.
You received nonjudicial punishment and were convicted at a
special court-martial (SPCM). Your offenses included assault
(two specifications), disrespect, and larceny of property
valued at $200.00 from another Marine. Your SPCM sentence
included a bad conduct discharge (BCD). On 16 May 1983, after
appellate review, you received the BCD.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth,
remorse, and desire to upgrade your discharge. However, the
Board concluded that your BCD should not be changed due to your
serious act of misconduct. You are advised that no discharge
is upgraded due solely to the passage of time or post service
good conduct. In view of the above, 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 recond#ider its decision upon submission of new
agd 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 @tfiezal
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,
\DNisas
W. DEAN PF
Executive rector
bi
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