DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
BUG
Docket No: 5420-095
13 April 2010
This is in reference to your application for correction of your
late son’s 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 son's 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 your son entered
active duty in the Marine Corps on 28 September 1970. He
received nonjudicial punishment on one occasion for 137 days of
unauthorized absence. On 21 May 1975, he was convicted by
general court-martial for wrongfully distributing
hallucinogenic drugs and possessing marijuana. His sentence
included a bad conduct discharge (BCD). After serving
confinement at hard and appellate review, he received the BCD
on 7 January 1976.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your son’s youth
and your desire to upgrade his discharge. However, the Board
concluded that his BCD should not be changed due to his 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.
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,
Quart
W. DEAN PF
Executive Dtrector
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