DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: 11507-10
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, 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 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 15 duly 1992. The Board found that you received
nonjudicial punishment (NOP) for assault. You were also
convicted by special court-martial (SPCM) of three specifications
of unauthorized absence (UA) totaling 157 days, the last period
ending in your apprehension. You were sentenced to confinement,
a reduction in paygrade, and a bad conduct discharge (BCD). You
received the BCD on 5 January 1995 after appellate review was
completed.
The Board, in its review of your record and application,
carefully weighed ail potentially mitigating factors, such as
your youth and desire to upgrade your discharge. 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 NJP and SPCM
conviction of a period of UA lasting over five months.
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 wpon 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,
\y eas :
W. DEAN PF
Executive Divebttor
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