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

					TJR
										Docket No: 3864-07
										5 March 2008

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.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 March 2008. 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 23 April 1985 at age 20 and began a period of active duty on 31 July 1985. You served without disciplinary incident until 8 April 1987, when you received nonjudicial punishment (NJP) for two specifications of failure to obey a lawful order as evidenced by having alcoholic beverages in an unauthorized area and failing to report a female in an unauthorized area. The punishment imposed was a $738 forfeiture of pay, reduction to paygrade E-2, and restriction for 60 days. Nearly a year later, on 29 March 1988, you were convicted by general court-martial (GCM) of 11 specifications of uttering worthless checks in the amount of $2,470 and four periods of absence from your appointed place of duty. You were sentenced to reduction to paygrade E-l, forfeiture of all allowances and pay, confinement for two years, and a bad conduct discharge (BCD).

On 7 July 1989, presumably while in confinement, you were convicted by special court-martial (SPCM) of two specifications of assault, two specifications of disobedience, and disrespect. After the BCD was approved at all levels of review, on 12 May 1990 you were so discharged.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, period of honorable service, 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 repetitive misconduct which resulted in NJP and two court-martial convictions. 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,

	W. DEAN PFEIFFER
Executive Director