DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJUG
Docket No: 9237-10
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 3 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You entered active duty in the Marine Corps on 22 July 1986.
You received nonjudicial punishment on two occasions for
failure to go to your appointed place of duty, disobeying a
lawful order, using contempt toward a noncommissioned officer,
and wrongful use of marijuana. On 19 May 1988, you were
convicted by a special court-martial of larceny (one
radio/television/double cassette player, $8.50 currency, and
two fishing rods), and two specifications of housebreaking.
Your sentence included a bad conduct discharge (BCD). On 27
April 1989, after appellate review, you received the BCD.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, the
passage of time, and post service good conduct. However, the
Board concluded that your BCD should not be changed due to your
serious acts of misconduct. You are advised that no discharge
is upgraded due solely to the passage of time or post service
good conduct. In view of the above, 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,
la bu& |
W. DEAN PFE
Executive Diyector
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