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NAVY | BCNR | CY2012 | 05203-12
Original file (05203-12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

TUR
Docket No: 5203-12
17 July 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 16 July 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 pela material error or
injustice.

You enlisted in the Marine Corps on 21 April 2002 and immediately
began a period of active duty. You served without disciplinary
incident until 2 October 2002, when you received nonjudicial
punishment (NJP) for impersonating an officer with the intent to
defraud to steal a car, and soliciting another to commit an
offense with the intent to steal a car. Nearly a year later, on
25 September 2003, you received NUP for assault.

On 2 September 2005 you were convicted by general court-martial
(GCM) of 63 specifications of uttering bad checks due to
insufficient funds in the amount of $18,865.78, having sexual
intercourse with a woman who was not your wife, making a false
official statement, escaping custody, and a five day period of
unauthorized absence. You' were sentenced to confinement for 42
months, forfeiture of all pay and allowances, and a bad conduct
discharge (BCD). A portion of your sentence, specifically, 18
months of confinement and $2,470.34 of forfeitures were suspended
for 12 months. Nonetheless, the BCD was subsequently approved at
all levels of review, and on 6 June 2006, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct and desire to upgrade your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repeated misconduct which
resulted in two NJPs, a GCM, and your discharge. Finally, no
discharge is upgraded due solely to an individual’s good post
service conduct. 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,

WQaneks

W. DEAN PF
Executive rackpr.

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