DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 3632-12
21 February 2013
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 20 February 2013. 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
injustice.
You reenlisted in the Marine Corps on 27 October 1983 after four
years of prior satisfactory service. You continued to serve
without disciplinary incident until 26 June 1986, when you were
convicted by special court-martial (SPCM) of two specifications
of assault. You were sentenced to confinement for 60 days,
reduction to paygrade E-2, and a bad conduct discharge (BCD).
The BCD was suspended for 12 months. On 14 October 1986 you
received nonjudicial punishment (NUP) for reckless driving, $265
in damage to a vehicle, and two periods of unauthorized absence
(UA) totalling two days. As a result, the BCD was vacated and
approved at all levels of review, and on 1 July 1988, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior satisfactory service and desire to upgrade your
discharge. Nevertheless, these factors were not sufficient to
warrant recharacterization of your discharge because of the
seriousness of your misconduct. 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,
1p Deen Gee
4
W. DEAN
Executive Oo
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