DEPARTMENT OF THE NAVY .
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1004
TAL
Docket No: 1472-13
12 September 2014
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 4 September 2014. 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 and began a period of active
duty on 9 May 1984 at age 19. You received nonjudicial
punishment (NJP) on three occasions from 7 February through
9 December 1985, for sleeping on post, failure to obey a lawful
regulation and willfully disobeying a lawful order from a
commissioned officer. On 9 December 1986, you were convicted by
special court-martial (SPCM) of willfully disobeying a lawful
order. The sentence imposed was a forfeiture of pay, anda
reduction in paygrade. On 8 April 1987, you were again
convicted by SPCM of five instances of unauthorized absence from
your unit for a period totaling 26 days, failure to go to your
appointed place of duty and insubordinate conduct toward a
noncommissioned officer. The sentence imposed was confinement,
a forfeiture of pay and a bad conduct discharge (BCD). You
waived your right to have your case considered by the Naval
Clemency and Parole Board. On 24 February 1988, you received the
BCD after appellate review was complete.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
, of your discharge given the seriousness of your misconduct that
., resulted in ne NUJPs, periods of UA totaling 26 days, and two
4 SPCMs. Finally,“there is no provision of law or in Marine Corps
‘regulations that allows for recharacterization of service due
solely to the passage of time. Accordingly, your application
‘has been denied. Thé 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 récord, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
ROBERT J. O’NELTLL
Executive Director
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