DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 8253-10
14 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 13 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
injustice.
You reenlisted in the Marine Corps on 12 February 1975 after more
than five years of prior honorable service. On 1 February 1980,
you were convicted by special court-martial (SPCM) of dereliction
in the performance of duty by willfully failing to perform a
complete inspection on a helicopter and making a false official
statement. The sentence imposed was reduction in paygrade from
E-6 to E-5. On 11 February 1980, you were honorably discharged
from active duty at the expiration of your enlistment.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your overall record
of more than ten years of honorable service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
reinstatement to the prior paygrade of E-6. The Board concluded
that your sentence was not overly harsh considering the
seriousness of your misconduct. 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.
In 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
“4 existence of probable material error or injustice.
Sincerely,
W. D
EAN P I
Executive Wi tor
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