DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 10322-07
8 August 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 5 August 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps on 3 June 1970 at age 17. On
19 November 1970 you received nonjudicial punishment (NJP) for
eight days of unauthorized absence (UA). On 7 April 1970 you
were tried and convicted by special court-martial (SPCM) for
three periods of UA totaling 77 and a half days, and breaking
restriction. Two of these periods of UA were terminated when
you were apprehended. You were sentenced to four months of
confinement at hard labor, forfeiture of $25.00 for six months,
reduction to private and a bad conduct discharge (BCD). While
in confinement you waived your right to request restoration to
duty and agreed to accept the BCD. On 6 March 1972 you were so
discharged.
In its review of your application the Board took into account
all extenuating and mitigating matters such as your youth and
remorse for committing the above offenses as well as your
contention that all of your UAs were caused by family problems.
Nevertheless the Board concluded that in view of the frequency
and seriousness nature of your offenses as well as your
willingness to accept a BCD, your discharge was properly issued
and should not be changed now as a matter of clemency.
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,
wes
. I
Executive Dikact
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