DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22264-24306
TAL: tir
_ Docket No: 2163-14
30 March 2015
Dear Sy
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States. Code, Section 1552.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the -Board for Correction of Naval Records;
sitting in executive session, considered your application on 30
March 2015. The names and votes of the members of the panel will
be furnished upon request. Your allegations of error and@
injustice wére 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
Co establish the existence of probable material error or
injustice.
“You enlisted in the Marine Corps and began a period of active
duty on 16 September 1986. You served for about seven months
without disciplinary incident, but on 17 April 1987, you were
convicted by summary court-martial (SCM) of disrespect, failure
to obey a lawful order, assault, and drunk and disorderly
‘ conduct.
On 22 July 1988 you received nonjudicial punishment (NJP) for
wrongful use of marijuana and making a false official statement.
Shortly thereafter, on 27 September 1988, you were convicted by
special court-martial (SPCM) of two specification of intent to
defraud, wrongful and unlawful use of telephone services in the
amount of $265.58, and disrespect. You were sentenced to a 5400
forfeiture of pay, confinement for 60 days, reduction to paygrade
E-1, and a bad conduct discharge (BCD). A month later, on 27
October 1988, you were in the custody of civil authorities,
Suspected of an alleged rape. In this regard, on 16 February
1989, you were convicted by civil authorities of rape and
sentenced to confinement for eight years. Subsequently, the BCD
Was approved at all levels of review and on 2 August 1989, you
were so discharged.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your post service conduct and desire to upgrade your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant. recharacterization of your discharge
because of the seriousness of your repeated misconduct in both
the military and civilian communities, which resulted in your
BCD. Finally, no discharge is automatically upgraded due solely
to an individual's good post service conduct or the passage of
time. Accordingly, your application has been denied.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You arg entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board
within one year from the date of the Board’s decision. 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.
T J. O'NEILL
Executive Director
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