DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 9914-10
14 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps and entered active duty on 30
April 1977. You received two nonjudicial punishments and were
convicted by a summary court-martial (SCM) and a special court-
martial (SPCM). Your offenses included unauthorized absence
(two specifications totaling 10 days), absence from your
appointed place of duty, assaulting a military policeman (two
specifications), disrespect (two specifications), willfully
disobeying a lawful order (two specifications), and assault
(six specifications). You were also referred to a SCM for
absence from your appointed place of duty and wrongful
possession of 12.8 grams of marijuana, however, you were never
tried on these offenses. The sentence at your SPCM included a
bad conduct discharge (BCD). On 23 October 1980, 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 and
current desire for veterans’ benefits. However, the Board
concluded that your BCD should not be changed due to your
numerous acts of serious misconduct. You are advised that no
discharge is upgraded due solely to the passage of time or post
wwervice good cdnduct. 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
yhave 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,
WwW. La
Executive D oO
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