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NAVY | BCNR | CY2007 | 10873-07
Original file (10873-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SMW
Docket No: 10873-07
14 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 13 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 the evidence submitted was insufficient
to establish the existence of probable material error or

injustice.

On 27 June 1978, you enlisted in the Marine Corps at age 19.

On 23 May 1979, you had nonjudicial punishment for absence from
your appointed place of duty. On 6 June 1979, you began an
unauthorized absence (UA) that ended on 18 September 1979, a
period of about 104 days. On 5 November 1979, you were
convicted by a special court-martial (SPCM) of the 104 day
period of UA. During the period 27 December 1979 to

13 May 1980, you were in a UA status on two occasions totaling
about 71 days. On 19 June 1980, you were convicted by a SPCM
of the two instances of UA totaling 71 days. The sentence
included forfeitures of pay, confinement at hard labor, and a
bad conduct discharge (BCD). After the BCD was approved at all
levels of review, on 10 April 1981, you were so discharged.

The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and desire for a better discharge. The Board also considered
your contention that personal problems may have contributed to
your misconduct. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of
your discharge, given your courts-martial convictions and UA's
that totaled more than five months. Furthermore, there is no
evidence in the record to show that personal problems may have
contributed to your misconduct. But, even if there was such
evidence, that would not excuse your misconduct. Therefore, the
Board concluded that the discharge was proper as issued and no
change is warranted. 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,

Las ID

W. DEAN PF F
Bxecutive Dive r

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