DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 8, COURTHOUSE ROAD, SUITE 100%
ARLINGTON, VA 22204-2490
SIN
Docket No: 4659-13
14 May 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 7 May 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 29 August 1977. The Board found that on
7 September 1978 and 30 January 1979, you received nonjudicial
punishment (NJP) for sleeping on post, two instances of
disrespect and disobedience. On 3 April 1979, you were convicted
by special court-martial (SPCM) of two specifications of failing
to go to your appointed place of duty, disobedience and
disrespect. During the period from 16 October 1979 to 29 August
1980, you received four additional NUP’s for losing government
property, two instances of being absent from your appointed place
of duty, two.days of unauthorized absence (UA), Gisobedience, and
making a false official statement. On 9 February 1981, you were
convicted by a second SPCM of four specifications of UA totaling
16 days. You were sentenced to confinement at hard labor, a.
forfeiture of pay, and a bad conduct discharge (BCD). On 9 April
1981, your request to be restored to full duty was denied, and
you received the BCD on 4 November 1982 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 six NUP’s and two
SPCM convictions. 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,
Ra QD | me ne
ROBERT D. 4ASALMAN
Acting Executive Director
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