DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
707 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 3474-11
18 January 2012
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 12 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 and began a period of active
duty on 8 November 1988 at age 17. On 24 January 1992, you were
convicted by special court-martial (SPCM) of assault, disorderly
conduct and drunk and disorderly conduct. The sentence imposed
was 60 days confinement and reduction in paygrade. On 19 May
1992, you were again convicted by SPCM of two instances of
disrespect toward a superior officer, striking a superior officer
in the face with your closed fist, drunk and disorderly conduct
and willfully disobeying a superior officer. The sentence
imposed was 90 days confinement, a forfeiture of pay, reduction
in paygrade and a bad conduct discharge (BCD). On 29 January
1994, after appellate review, you received the BCD.
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 two SPCM convictions. Finally, concerning your
alleged mental probiems, 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,
\y Snes
W. DEAN PF
Executive Dijttedto
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