DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 919-08
10 December 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 9 December 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 26 July 1972 at age 18 and
served for eight months without disciplinary incident. However,
on 7 March and again on 4 April 1973, you received nonjudicial
punishment (NUP) for failure to obey a lawful order and an 18 day
period of unauthorized absence (UA). On 9 April 1973 you began
another period of UA that was not terminated until you were
apprehended by civil authorities on 12 August 1973. As a result
of this arrest, on 20 August 1973, you were convicted by civil
authorities of grand theft auto and sentenced to confinement for
up to five years. However, on 25 October 1973, you were returned
to military custody, thus terminating a 199 day period of UA.
Nonetheless, on 26 November 1973, you began a period of UA that
was not terminated until 30 March 1974,
On 24 April 1974 you were convicted by spoecial court-martial
(SPCM) of two periods of UA totalling 323 days. You were
sentence! to confinement at hard labor for three moimihs, an $800
forfeiture of pay, and a bad conduct discharge (BCD).- On i6
September 1974 you submitted a written xecnest for immediate
execution of the BCD. Subsequently, the BCD was approved at all
levels of review, and on 14 February 1975 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion of being diagnosed with a Bi-Polar
Disorder. Nevertheless, these factors were not sufficient to
warrant recharacterization of your discharge because of the
seriousness of your misconduct in both the military and civilian
communities and included repetitive and lengthy periods of UA
from the Marine Corps. Finally, there is no evidence in the
record and you submitted none, to support your assertion.
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,
> Qasrseet
W. DEAN PFE
Executive Di r
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