DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 02896-08
11 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 10 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 13 May 1966, and served
without disciplinary incident until 9 November 1966, when you
received nonjudicial punishment (NJP)for dereliction of duty.
Shortly thereafter, you had the following disciplinary actions:
on 2 July 1967 and on 15 September 1967, you were convicted at a
special court-martial (SPCM) for willfully disobeying a lawful
order by a noncommissioned officer, leaving your post without
being properly relieved, assault, and communicating a threat to a
noncommissioned officer; on 19 April 1968, you were found guilty
at NIP for sleeping on post; on 6 September 1968, you received an
NoP for an unauthorized absence, and on 8 April 1969, you were
convicted at another SPCM for an unauthorized absence, totaling
in excess of six months. As a result of your last SPCM
conviction, you received a bad conduct discharge and an RE-4
reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your 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,
‘eas
Executive D r
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