DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 09014-10
4 May 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 4 May 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 entered active duty in the Marine Corps on 5 September 1964.
On 31 January 1986, you received nonjudicial punishment (NOP) for
sleeping while on duty. On 14 March 1988, you were convicted by
a special court-martial (SPCM) of two incidents of being in an
unauthorized absence (UA) status totaling 50 days, and larceny.
You were sentenced to a forfeiture of $900, confinement at hard
labor for 90 days, and reduction in pay grade. On 27 July 198s,
you were convicted by your second SPCM of two additional
incidents of UA totaling 88 days. You were sentenced to a
forfeiture of $1,275, confinement at hard labor for 100 days, and
a bad conduct discharge (BCD). The discharge authority directed
the execution of your BCD. On 5 August 1989, 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 one NUP and conviction by
two SPCM's. 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
existence of probable material error or injustice.
Sincerely,
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