DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
SJN
20370-5100
WASHINGTON D© Docket No: 04560-06
4 April 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 28 March 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, and applicable statutes, regulations, and policies. The
Board was unable to obtain your official records and conducted
its review base on the material you submitted.
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 31 December 1964 at age 17.
You served without incident for over two years until 18 July
1967, when you were convicted by special court-martial of a
51-day period of unauthorized absence (UA).
The documentation you submitted shows that you had an additional
period of UA that lasted 17 days, from 8 to 25 November 1967.
Upon your return to military control, you were placed in
confinement. On 4 March 1968 you were convicted of an unknown
offense or offenses by a general court-martial (GCM). The
available information shows that the GCM sentenced you to bad
conduct discharge (BCD) and a lengthy period of confinement. On
22 July 1969, you were released from confinement and 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 overall record of service that included your
service in Vietnam, the character letters accompanying your
application, and post service achievements. However, the Board
found that these factors were not sufficient to warrant
recharacterization of your discharge given your conviction by
SPCM for a lengthy period of UA, the subsequent 17-day period of
UA. Although the Board could not identify the offenses for which
you were tried by GCM, the fact that they were referred to a GCM
and the fact that the imposed sentence was substantial, led it to
conclude that your misconduct was serious. 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,
oS,
W. DEAN F
Executive Direc
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