DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docket No: 5046-14
29 June 2015
Dear
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
12 May 2015. The names and votes of the members of the panel
will be furnished upon request. Your allegations of error and
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 20 August 1984. You served without disciplinary
incident until 10 April 1985, when you received nonjudicial
punishment (NJP) for use of a controlled substance.
On 8 July 1985, you began a period of unauthorized absence (UA)
for 22 days. On 29 October 1985, you began a second period of
UA for 84 days. Asa result, you were sent to Spécial Courts-
Martial (SPCM) and sentenced to confinement at hard labor,
forfeiture of pay, and a Bad Conduct Discharge (BCD). on
13 January 1986, you were discharged with a BCD.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your character of service and post
service bipolar disorder diagnosis. Nevertheless, the Board
concluded these factors were not sufficient to warrant relief in
your case, given the seriousness of your repeated misconduct,
which included drug abuse. 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 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.
Sincerely,
BERT J. O'NEILL
Executive Director
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