DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN .
Docket No: 11304-1410
21 duly 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.
BR three-member panel of the Board for Correction of Naval
Records, sitting in. executive session, considered your
application on 19 July 2011. The names and votes of the members
of the panel will be furnished upon request. 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 founa the evidence submitted was insufficient
to establish the existence of probable material error oF
injustice.
You enlisted in the Marine Corps and began a period of active
daty on 29 October 2002. The Board found that you served for
over three years without incident until 14 June 2006, when you
received nonjudicial punishment (NIP) for insubordinate conduct.
On 30 August 2007, you were convicted by general court-martial
(GCM) of attempting, in writing, to communicate to 4 child under
the age of 16 indecent language, committing an indecent act upon
a child under the age of 16, and two specifications of disorderly
conduct by hiding a camcorder in a bathroom to view the naked
body of a child under the age of 16. You were sentenced to
confinement, forfeiture of all pay, reduction in paygrade, and a
bad conduct discharge (BCD). You received the BCD on 22 August
2008 after appellate review was completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, desire to upgrade your discharge, and
character letters accompanying your application. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your NUP and GCM
conviction of very serious offenses. Accordingly, your
application has been denied.
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 PE
Bxecutive or
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