DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 456-08
25 September 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 17 September 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.
The Board found that you enlisted in the Marine Corps on 28 June
1972. You received eight nonjudicial punishments for offenses
that included absence from your appointed place of duty, being
drunk on duty, incapacitation for duty, failure to obey a lawful
order, and disorderly conduct.
A special court-martial convened on 1 November 1973 and found you
guilty of attempting to escape from custody, disrespect, assault
on an officer, violation of a lawful order, willful disobedience
of a lawful order, failure to obey a lawful order, and absence
from appointed place of duty. The court sentenced you to
confinement at hard labor for three months, forfeiture of $216
per month for three months, and a bad conduct discharge (BCD).
On 25 April 1974 you waived your right to request restoration to
duty, and asked that the BCD be executed. You were discharged on
17 August 1976.
The Board carefully considered your contention that the judge in
your special court-martial and a psychiatrist whom you saw while
on appellate leave each recommended that your discharge be —
suspended, but could not find any credible evidence in support of
that contention. It concluded that your service was
appropriately characterized with a BCD, given your repeated acts
of misconduct. 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,
\daa’
W. DEAN PFE
Executive D xr
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