DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7Ot S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 ,
SJIN
Docket No: 02960-13
10 April 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 8 April 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 26 February 1990. The Board found that on 25 June 1991,
you received nonjudicial punishment (NIP) for eight days of
unauthorized absence (UA) and two instances of disobedience.
On 19 March 1992, you were counseled regarding your frequent
involvement with military authorities, and warned that further
misconduct could result in administrative discharge action. On
26 May 1992, you were convicted by special court-martial (SPCM)
of two specifications of UA totaling 69 days and missing
movement. You were sentenced to confinement, a forfeiture of
pay, a reduction in paygrade, anda bad conduct discharge (BCD).
On 5 August 1992, you received a second NUP for 53 days of UA.
You received the BCD on 10 July 1994 after appellate review was
completed. .
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth 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 two NJP‘s, the
fact that you were warned of the consequences of further
misconduct, and SPCM conviction of very serious offenses.
“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,
ROBERT D. ASALMAN
Acting Executive Director
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