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NAVY | BCNR | CY2013 | NR3242-13
Original file (NR3242-13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 10014
ARLINGTON, VA 22204-2490

BUG
Docket No: 3242-13
4 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 4 February 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 that the evidence submitted was
insufficient to establish the existence of ‘probable material
error or injustice.

You enlisted in the Marine Corps and entered active duty on 18
August 1986. You received nonjudicial punishment on two .
occasions and were convicted by a special court-martial (SPCM).
Your offenses included sleeping on post, dereliction in the
performance of your duties, and larceny. The sentence at your
SPCM included a bad conduct discharge (BCD). On 11 September
1989, after appellate review, you received the BCD.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and —
current desire to upgrade your discharge. However, the Board
concluded that your BCD should not be changed due to your acts
Of misconduct. You are advised that no discharge is upgraded
due solely to the passage of time or post service good conduct.
in view of the above, your application has been denied. The

names and votes of the menibers 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 record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.

Sincerely, |

Tee SL

ROBERT D. ZSALMAN
Acting Executive Director

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