DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 06534-10
91 April 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 19 April 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
injuseiaes..
You enlisted in the Marine Corps and began a period of active
duty on 14 August 1986. The Board found that you received two
nonjudicial punishments (NJP‘s) for five instances of
disobedience and disrespect. You were also convicted by special
court-martial (SPCM) of two specifications of unauthorized
absence totaling 27 days. You were sentenced to confinement at
hard labor, a reduction in paygrade, and a bad conduct discharge
(BCD). You received the BCD on 13 September 1991 after appellate
review was completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth 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 two NJP’s and
SPCM conviction for serious offenses. Accordingly, your
application has been denied.
It is regretted that the circumstances of your case are such that
Eavorable action cannot be taken. You are entitled to have the
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.
Conse, ames when applying for a correction of an official naval
re Rac. t.] burden» is on the applicant to demonstrate the
exisiy pei Se probable material error or injustice.
a
Sincerely,
Lo Sy omd
W. DEAN PFEI
Executive Diredat
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