DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SIN
Docket No: 03140-08
12 February 2009
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 10 February 2009. 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 and began a period of active
duty on 27 February 1975 at age 19. During the period from
24 June 1975 to 19 May 1976, you received three nonjudicial
punishments (NUJP’s) for two periods of unauthorized absence (UA)
totaling 15 days and two instances of disobedience. You also
were convicted by summary court-martial (SCM) of failure to go to
your appointed place of duty, disobedience, disrespect, and
communicating a threat. On 31 August 1976, you were convicted by
special court-martial (SPCM) of three periods of UA totaling
28 days and assault. You were sentenced to confinement at hard
labor, a forfeiture of pay, and a bad conduct discharge (BCD).
On 17 December 1976, your request for restoration to full duty
was denied. However, on 9 February 1977, you received a fourth
NJP for assault. You received an other than honorable discharge
on 18 February 1977 after appellate review was completed.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall period of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your record of four NUP’s and conviction
by SCM and SPCM for very serious offenses. 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,
Waur§
W. DEAN PFRAYF
Executive DNrettor
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