DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 04030-07
4 February 2008
Dear ei
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 25 January 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 12 August 1968 at age 17.
During the period from 1 April to 23 October 1969, you received
four nonjudicial punishments (NJP’s) for three periods of
unauthorized absence (UA) totaling 18 days, disobedience, and
failure to go to your appointed place of duty.
On 30 October 1969, you were convicted by special court-martial
(SPCM) of two specifications of larceny. You were sentenced to
confinement at hard labor, a forfeiture of pay, and a bad conduct
discharge (BCD). Shortly after your release from confinement at
hard labor, you received a fifth NUP for not possessing a liberty
card while on liberty. On 21 April 1970, you waived your request
for restoration and requested the immediate execution of your
BCD. 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, overall record of service, post service problems, and
current medical issues. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of your
discharge given your five NUJP’s and conviction by SPCM for very
serious offenses. 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,
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