DEPARTMENT OF THE NAVY
‘BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD
ARLINGTON, VA 22204
TAL
Docket No: 4089-11
27 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 25.January 2012. Your allegations of error and.
ingustice 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 13 March 1989 at age 18. You received nonjudicial
punishment (NJP) on two occasions for failure to go to your
appointed place of duty, failure to obey a general regulation and
unauthorized absence (UA) from your unit for a period of four
days. On 3 January 1991 you were convicted by special court-
martial (SPCM) of dereliction in the performance of duty and
using provoking speech. The sentence imposed was confinement for
155 days, a forfeiture of pay and a bad conduct discharge (BCD).
The BCD was suspended for a period of 12 months. You remained on
active duty until 19 March 1993 when you were discharged under
general conditions at the expiration of your enlistment based on
your disciplinary record and conduct. mark average.
Characterization of service is based in part on your conduct
average computed from marks assigned on a periodic basis. Your
conduct mark average was 3.3, At the time of your service, a
conduct mark average of 4.0 was required for a fully honorable
characterization of service.
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 NUPs, a SPCM and failure to attain the required
average in conduct. 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,
Executive Dikeact
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