DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 5416-09
13 April 2010
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 13 April 2010. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Marine Corps on 5 November 1973, and served
honorably for more than two years. You reenlisted on 23 April
1976. You received nonjudicial punishment on one occasion for
a 64 day period of unauthorized absence (UA). On 29 August
1980, you were convicted by general court-martial for a 477 day
period of UA. Your sentence included a bad conduct discharge
(BCD). On 3 September 1981, after serving your confinement and
appellate review, you received the BCD.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
character references. However, the Board concluded that your
BCD should not be changed due to your serious misconduct. In
view of the above, your application has been denied. The names
and votes of the members of the panel will be furnished upon
request.
The Board noted that you may be entitled to benefits with the
Department of Veterans Affairs (DVA) for your prior period on
honorable service. Please contact the DVA for a final
' determination regarding your benefits.
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 PF
Executive D ckor
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