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NAVY | BCNR | CY2007 | 07775-07
Original file (07775-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SIN

Docket No: 07775-07
26 June 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 June 2008. Your allegations of error and

injustice were reviewed in accordance with administrative
regulations and procedures appli

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 13 November 1968 at age 17.
On 14 April 1969 and 31 March 1970, you received nonjudicial
punishment (NJP) for wearing an unauthorized insignia on your
uniform and two days of unauthorized absence (UA). On 2 December

1970, you were convicted by special court-martial (SPCM) of three
periods of UA totaling 198 days. You were sentenced to a

reduction in paygrade, a forfeiture of pay, confinement at hard
labor, restriction, and a bad conduct discharge (BCD)

confinement at hard labor and suspended the BCD for the period of
confinement and six months thereafter. During the period from

6 January to 9 March 1971, you had two periods of UA totaling 61
days. On 5 April 1971, you began another period of UA that
lasted 266 days, ending on 27 December 1971. On 29 February

1972, your commanding general vacated your suspended BCD. On 2
March 1972, you received a third NJP for 33 hours of UA. 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, Vietnam service, and current health issues.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
your three NUJP’s, conviction by SPCM for periods of UA lasting
over six months, and your last three periods of UA totaling 327
days, which led to the execution of your BCD. 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

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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