DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 04055-12
28 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 27 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 5 October 1982, at age 18.
On 27 February 1985, you were convicted by a special court-
martial (SPCM) of being in an unauthorized absence status on two
occasions totaling 220 days and wrongfully distributing 25 doses
of lysergic acid diethylamide. You were sentenced to a
forfeiture of $1,170, reduction in pay grade, confinement at
hard labor for three months, anda bad conduct discharge (BCD).
Your misconduct continued and on 31 May 1985, you received
nonjudicial punishment (NJP) for being UA for 53 days. The
discharge authority directed the execution of your BCD. On 19
March 1986, 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 an NUP 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 ali 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 Dwrefto
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