DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 02405-13
12 February 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 11 February 2014. 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 and began a period of active
duty on 12 March 1981. The Board found that on 3 September 1981,
you received nonjudicial punishment (NJP) for being absent from
your appointed place of duty and two instances of disobedience.
On 29 October 1981, you were convicted by summary court-martial
(SCM) of destruction of government property and disorderly
‘conduct. On 9 April and 12 August 1982, you were convicted by
special court-martial (SPCM) of two specifications of assault,
four specifications of disrespect and insubordinate conduct. On
15 November 1982, you were convicted by general court-martial
(GCM) of two specifications of disrespect and two specifications
of assault. You were sentenced to confinement at hard labor,
forfeiture of all pay and allowances, and a dishonorable
discharge (DD). You received the DD on 26 January 1984 after
appellate review was completed.
_ The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your record of service.and desire to upgrade your discharge.
Nevertheless, based on the information currently contained in
your record, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your NUP, SCM, two SPCM’s and conviction by GCM of very serious
offenses. Accordingly, your application has been denied.
= 2 A” / :
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,
Sed S
ROBERT D. Z2SALMAN
Acting Executive Director
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