DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 04031-07
4 February 2008
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 24 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 25 March 1964 at age 17.
On 12 September 1964, you received nonjudicial punishment (NIP)
for a two-day period of unauthorized absence (UA). On 30 March
1965, you were convicted by special court-martial (SPCM) of a
166-day period of UA and breaking restriction. You were
sentenced to confinement at hard labor, a forfeiture of pay, and
a bad conduct discharge (BCD). On 22 April 1965, the convening
authority suspended a portion of your confinement and the BCD for
a period of six months.
On 5 November 1965 and 3 March 1967, you received two more NUJP’s
for a four-day period of UA and another period of UA. On
8 January 1968, you were convicted by a second SPCM of two
periods of UA totaling 197 days and disobedience. You were
sentenced to a reduction in paygrade, confinement at hard labor,
and a forfeiture of pay. On 3 April 1969, you were convicted by
a third SPCM of three specification of UA totaling 170 days. you
were sentenced to confinement at hard labor, a forfeiture of pay,
and a BCD. On 20 June 1969, you waived your right to request
restoration and requested the 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, and service in Vietnam.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
your three NJP’s and three SPCM convictions for periods of UA
totaling over 17 months. 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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