DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 3331-11
13 January 2012
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 12 January 2012. 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
anjustice.
You enlisted in the Marine Corps on 12 December 1976 at age 19
and began a period of active duty. You served without
disciplinary incident until 27 April 1977, when you received NUP
for destruction of government property valued at $50 and assault.
A year later, on 18 May 1978, you received NIP for failure to go
to your appointed piace of duty.
During the period from 26 March to 17 December 1979 you received
NUP on three more occasions for making a false claim in the
amount of $364.74, theft of government property valued at $92.57,
two specifications of dereliction of duty, and an unspecified
period of unauthorized absence (UA).
On 15 February and again on 21 May 1980 you were convicted by
summary court-martial (SCM). Your offenses were two
specifications of disobedience, failure to obey a lawful order,
two periods of UA totalling two days, assault, and two periods of
failure to go to your appointed place of duty. On 23 September.
1980 were convicted by special court-martial (SPCM) of failure to
go to your appointed place of duty, failure to obey a lawful.
order, and three specifications of disobedience.
On 23 March 1981 you were convicted by SPCM of two periods of
failure to go to your appointed place of duty, being absent to
avoid maneuver, and three specifications of disobedience. You
were sentenced to confinement at hard labor for four months, a
$1,000 forfeiture of pay, and a bad conduct discharge (BCD). On
1 April 1981 you submitted a written request for remission of the
BCD and the issuance of a general discharge. Subsequently, the
BCD was approved at all levels of review, on 9 July 1982, you
were issued a BCD,
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge. It also considered the supporting correspondence
provided by your sister. Nevertheless, these factors were not
sufficient to warrant recharacterization of your discharge given
the seriousness of your frequent and repetitive misconduct which
resulted in nine disciplinary actions. 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,
\o Dame
W. DEAN PFERIEFP
Executive Direc
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