DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 11700-10
16 September 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 13 September 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 on 8 January 1990 at age 19 and
began a period of active duty on 20 February 1990. You served
for about a year and four months without disciplinary infraction.
However, on 15 June 1991, you began a period of unauthorized
absence (UA) that was not terminated until 16 January 1992. As a
result, on 13 April 1992 you were convicted by special court-
martial (SPCM) of the foregoing 215 day period of UA and
sentenced to confinement for 90 days, reduction to paygrade E-1,
a $1,500 forfeiture of pay, and a bad conduct discharge (BCD) .
Subsequently, the BCD was approved at all levels of review and on
15 September 1993 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertions of pre- and post-service depression,
being labeled as a homosexual, and being continuously taunted,
teased, and harassed. Nevertheless, these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your lengthy period of UA from the
Marine Corps. 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,
\D Sree De
W. DEAN P
Executive D tor
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