DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 04019-12
27 February 2013
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 21 February 2013. 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 12 December 1977, at age 17.
On 17 October 1979, you received nonjudicial punishment (NUP)
for being in an unauthorized absence (UA) status for 14 days.
On 5 November 1979, you received NUP for being UA on two
occasions totaling 17 days. On 14 December 1979, you received
NIP for being UA for 34 days and sleeping on watch. On 6 June
1980, you received NUP for two incidents of failure to go to
your appointed place of duty, and being UA for over two hours.
On 19 November 1980, you were convicted by a special court-
martial (SPCM) of being absent from your appointed place of
duty, being UA for one day, failure to go to your appointed
place of duty, being disrespectful toward a commissioned officer
on two occasions, willful disobedience of a lawful order,
wrongfully communicating a threat to a commissioned officer,
being drunk and disorderly in public, and being drunk and
disorderly within the company area. You were sentenced to a
forfeiture of $1,000, reduction in pay grade, confinement at
hard labor for two months, and a bad conduct discharge (BCD).
Your misconduct continued and on 12 March 1981, you received NUP
for being UA for three days. The discharge authority directed
the execution of your BCD. On 22 August 1983, after appellate
review, you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
record of service. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of
your discharge given your record of five NUJP’s, and conviction
by a SPCM of serious offenses. 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,
Been
W. DEAN 'PF
Executive Director
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