DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 4001
ARLINGTON, VA 22204-2490
REC
Docket No: 02271-11
17 January 2012
This ig 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.
B three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 13
January 2012. 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 12 May 1998, at the age of 18. On
26 April 2000, you were convicted by a summary court-martial (SCM) of
being disrespectful toward two fellow Marines, and treating with
contempt a senior noncommissioned officer. You were sentenced to a
forfeiture of $781, and 60 days restriction. On 18 August 2000, you
received nonjudicial punishment (NJP) for being absent from your
appointed place of duty, disobeying a lawful order, and wrongful use
of marijuana. On 2 November 2000, you were convicted by a special
court-martial (SPCM}) of being in an unauthorized absence (UA) status
for 27 days, two incidents of failure to obey a lawful order, and two
incidents of breaking restriction. You were sentenced to a forfeiture
of $2,010, confinement for 49 days, and a bad conduct discharge (BCD).
On 13 February 2004, after appellate review, you were 580 discharged.
The Board, in its review of your application, carefully weighed all
potentially mitigating factors, such as your youth and record of
service. Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge due to the
frequency and seriousness of your misconduct. 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,
none
W. DEAN PFE
Executive Dige rx
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