DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 08038-10
21. Aeridl 2021
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.
Rh three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 April 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
layjuskies.
You enlisted in the Marine Corps on 14 January 1988, at the age
of 20. On 25 July 1988, you received nonjudicial punishment
(NIP) for being in an unauthorized absence (UA) status for two
days, wrongful appropriation of a fellow Marine’s car and
wrongful use of marijuana. On 17 July 1990, you received NUP for
wrongfully violating an order to secure from liberty. On 29
October 1990, you received NUP for disobeying a regulation by
having alcohol in the barracks. On 24 January 1991, you received
NIP for being absent from your appointed place of duty. On 2
July 1991, you were convicted by a special court-martial (SPCM)
of two incidents of being in an unauthorized absence (UA) status
totaling 34 days, and wrongful use of marijuana. You were
sentenced to a forfeiture of $1,500, reduction in pay grade,
confinement at hard labor for three months, and a bad conduct
discharge (BCD). The discharge authority directed the execution
of your BCD. On 16 January 1993, after appellate review, you
were so discharged.
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 your record of four NUP’s and conviction
by a SPCM. 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 matter not previously considered by the Board.
*9In. ‘this regadvd? it is important to keep in mind that a
presumption of regularity attaches to all efficial records.
.-Consequently, when applying for a correction of an official naval
*@>ecord, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. ea
Executive recto
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