DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
IR
Docket No: 3725-12
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 enlisted in the Marine Corps on 3 December 1985 and
immediately began a period of active duty. You served without
disciplinary incident until 6 May 1986, when you received
nonjudicial punishment (NJP) for failure to go to your appointed
place of duty and failure to obey a lawful order. Shortly
thereafter, on 22 August 1986, you received NJP for failure to
Obey a lawful order, absence from your appointed place of duty,
and drunk and disorderly conduct.
On 28 January 1987 you were convicted by summary court-martial
(SCM) of two specifications assault, three specifications of
drunk and disorderly conduct, communicating a threat, and
reckless driving. On 9 July 1987 you were convicted by special
court-martial (SPCM) of disobedience, assault, and drunk and
disorderly conduct. You were sentenced to confinement for four
months, a $1,752 forfeiture of pay, and a bad conduct discharge
(BCD). Subsequently, the BCD was approved at all levels of
review, and on 6 August 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 youth 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,
which resulted in two NJPs and two convictions by court-martial.
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,
W. DE PFERFF
Executive Dine ¥
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