DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
ES
Docket No: 6329-14
13 May 2015
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.
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
6 May 2015. 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 26 November 1982. You served for about five months
without disciplinary incident, but during the period from
28 April to 21 November 1983, you received two nonjudicial
punishments (NJP) for absence from your appointed place of duty,
disrespect, disobedience, communicating a threat, breaking
restriction, uttering disloyal statements, unlawful drink of
alcohol while underage, being drunk on post, drunk and
disorderly conduct, and assault. You were also convicted by
special court-martial (SPCM) of an unspecified period of
unauthorized absence (UA), four periods of being absent from
your appointed place of duty, and wrongful possession and use of
marijuana.
Subsequently, following SPCM you were adjudged confinement at
hard labor for three months, forfeitures of $382.00 pay For
three months and a bad conduct discharge (BCD). After the BCD
was approved at all levels of review, on 18 January 1985, you
were discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors 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 an
upgrade of your discharge given your misconduct which resulted
in SPCM and two NUPs. 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 within one year from the date of the Board's
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. 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,
Sincergegy,
ROBERT J. O’NEILL
Executive Director
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