DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 MAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: 11389-10
4 August 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 gession, considered your
application on 2 August 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 found the evidence submitted was insuf£icient
to establish the existence of probable material error or
injustice. -
You enlisted in the Marine Corps and began a period of active
duty on 6 April 1978. The Board found that you received four
-nonjudicial punishments (NJP's) for disrespect, two instances of
absence from your appointed place of duty, and three periods of
unauthorized absence (UA) totaling 13 days. You were also
convicted by general court-martial (GCM) of two specifications of
UA totaling 20 days, breach of the peace by discharging a firearm
in a public place, and wrongfully and willfully discharging a4
firearm endangering human life. You were sentenced to a
reduction in paygrade, and a bad conduct discharge {BCD). You
received the BCD on 18 October 1982 after appellate review was
completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade your discharge, and contention that
the court, later, received a letter of confession from the “true
shooter”. Nevertheless, based on the information currently
contained in your record, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your four NUP’s and GCM conviction of very serious
offenses. Concerning your contention, there is no evidence in
the record to support it, and you submitted no such evidence.
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,
Executive Da
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