DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TAL
Docket No: 158-11
30 September 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 28 September 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 applicabie 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 reenlisted in the Marine Corps on 6 September 1977 after more
than two years of prior honorable service. On 14 September 1977,
you received nonjudicial punishment (NUP) for failure to go to
your appointed place of duty. Based on the information currently
contained in your record it appears that you were admitted to the
Naval Drug Rehabilitation Center at Naval Air Station Miramar,
San Diego, California, on 8 June 1979. You completed the
rehabilitation program and returned to full duty. On 8 June
1979, you received NJP for unauthorized absence from your unit
for a period of four days, two instances of failure to obey a
lawful order, and being incapacitated for the performance of
duty. On 17 August 1979, you were convicted by a summary court~
martial (SCM) of assault, failure to obey a lawful general
regulation and communicating a threat. The sentence imposed was
confinement for 30 days and a reduction in paygrade. On 17 July
1981, you were convicted by special court-martial (SPCM) of UA
from your unit for a period of 73 days. The sentence imposed was
confinement for three months, reduction in paygrade and a bad
conduct discharge BCD. On 28 October 1982, you received the BCD
after appellate review was complete.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and prior
honorable service. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of your
discharge given the seriousness of your misconduct that resulted
in two NJPs, a SCM, a SPCM and periods of UA that totaled over
two months. Accordingly, 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 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,
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