DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 9749-10
24 June 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.
BA three-member panel of the Board for Correction of Naval.
Records, sitting in executive session, considered your
application on 22 June 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 24 November 1980 at age 19. On 22 November 1982, you
were convicted by special court-martial (SPCM) of two instances
of unauthorized absence: (UA) from your unit for 482 days. The
sentence imposed was confinement for 30 days, a. forfeiture of
pay, reduction in paygrade and a ba@ conduct discharge (BCD).
On 22 December 1982, you were UA from your unit until you were
apprehended by the Newport, California police department on
5 May 1983. You were convicted in civilian court of automobile
grand theft and burglary and sentenced to 12 months confinement.
On 1 September 1983, you were released and returned to military
authority. On 26 September 1983, you were discharged with a BCD
after appellate review.
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 periods of UA totaling over one year and eight
months, a SPCM conviction and a civilian conviction. Acordingly,
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,
W. DEAN P
Executive Di
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