DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAT
LAL
Docket No: 1168-14
27 February 2015
D
m
ar
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.
fy
Although your application was not filed in a timely manner, the
Board found it in the es of justice to waive the statute of
limitations and consider your Ba ean on its mer
three-member panel of the Board for recti f
sitting in executive session, consid 10n on
24 February 2015 ames and vot of the
panel will upon request s of error
and injus J wed in accor trative
regulation es applicabl igs Of thas
Board Do ¥ terial conside onsisted of
your application, together with all Si t®
thereof, your 11 record, and appl ,
and policies
ee tire
dt e ence «6 ficient
ence of probable material error or
1 ted the Marine Corps and began a period of active
duty on 24 October 1989. You served for six years and 10 months
ciplinary incident, but on 16 August 1996, you
received nonjudicial punishment (NUP) for failure to go to your
appointed place of duty and two periods of unauthorized absence
(UA), totaling four day. On 9 May 1997, you were convicted by
special court-martial (SPCM) of UA from your unit for a period of
81 days. The sentence imposed was confinement, a reduction in
paygrade and a bad conduct discharge (BCD). On 26 June 1998, you
received the BCD after appellate review was complete. :
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertion that your
actions were due to depression. Nevertheless, the Board found
that these factors were not sufficient to warrant relief in your
case because of the seriousness of your misconduct. Regarding
your assertion of suffering from depression, the Board noted that
you did not provide a diagnosis and that the seve
misconduct outweighed the mitigation of your poss
Accordingly, your application has been denied.
ity of your
ble diagnosis.
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 J. O'NEILL
Executive Director
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