DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
	WASHINGTON DC 20370-5100	

		SJN
Docket No: 06710-06
16 January 2007

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 3 January 2007. 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 on 3 October 1979 at age 17. During the period from 10 July 1980 to 2 February 1981 you received three nonjudicial punishments (NJP’s) for Possession of marijuana, a 10-day period of unauthorized absence (UA), sleeping on watch, and absence from your appointed place of duty.

On 7 July 1981 you began a period of UA lasting 271 days and were convicted by a special court-martial (SPCM). You were sentenced to confinement at hard labor, a reduction in paygrade, a forfeiture of pay, and a bad conduct discharge (BeD). On 16 February 1983 you received the BCD after appellate review was completed.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and time in service. However, the Board found that these factors were not sufficient to warrant recharacterizatjon of your discharge given your record of three NJP’s, one of which involved drug abuse and especially the conviction by SPCM for a nine-month period of UA. Accordingly, 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,

ROBERT D.’~SALMAN
Acting Executive Director

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