DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 1174-11
28 October 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 26 October 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 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 12 April 1988 at age 20. On 13 January 1989, you were
convicted by special court-martial (SPCM) of failure to go to
your appointed place of duty, willfully destroying government
property (two window panes), stealing three cassette tapes
(property of the Marine Corp Exchange) ,and wrongfully and
willfully discharging an M-16A2 rifle under circumstances as to
endanger human life. The sentence imposed was confinement for
three months, a forfeiture to pay, reduction in paygrade and a
bad conduct discharge (BCD). On 15 October 1991, 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
overall record of 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 a SPCM conviction. Concerning your alleged mental
problems, there is no indication in the record that such
problems, if they existed at the time of your service, were so
serious as to excuse you of responsibility for your actions or
were sufficiently mitigating to warrant recharacterization.
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,
W. DEAN
Executive Di
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