DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 7377-10
1 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 30 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 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 28 December 1977 at age 19. You received nonjudicial
punishment (NJP) on five occasions for wrongful appropriation of
a bottle of rum, three instances of failure to go to your
appointed place of duty, two instances of unauthorized absence
from your unit totaling one day, and failure to obey a general
order by wrongful possession of 13.6 grams of marijuana. On
29 November 1978, you were convicted by special court-martial
(SPCM) of seven instance of insubordinate conduct toward a
superior noncommissioned officer and two instances of making a
threat. The sentence imposed was confinement for 64 days, a
forfeiture of pay and a bad conduct discharge (BCD). On 27 April
1981, 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 five NUPs and a SPCM. Concerning your alleged mental
problems, there is no indication in the record that such
problems, if they existed at the time of your service, were so
serious as to excuse you of responsibility for your actions or
were sufficiently mitigating to warrant recharacterization.
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 mayter not previously considered by the Board.
el 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,
Loox!
W. DEAN PFE F
Executive Dire x
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