DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 $. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 5359-13
19 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 14 May 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 reenlisted in the Marine Corps on 13 October 1982 after more
than two years of prior honorable service. You received
nonjudicial punishment on two occasions and were convicted by a
special court-martial (SPCM). Your offenses included disrespect,
conduct prejudicial to good order and discipline, three periods
of unauthorized absence totaling nine days, destruction of
government property, and larceny. The sentence at your SPCM
included a bad conduct discharge (BCD). On 13 August 1985, 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, prior
honorable service, alcohol abuse issues, and current desire to
upgrade your discharge. However, the Board concluded that your
BCD should not be changed due to your repeated 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 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 record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
ek
ROBERT D. ZSALMAN
Acting Executive Director
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