DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 3783-08
5 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 3 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps on 5 February 1973 at age 18.
On 8 June and 14 September 1973 you received nonjudicial
punishment for two periods of unauthorized absence totaling about
88 days. A special court-martial convened on 12 July 1974 and
convicted you of an unauthorized absence of about 201 days and
breaking restraint. The sentence of the court included
confinement, forfeitures of pay and a bad conduct discharge.
On 16 September 1974 you elected to waive consideration for
restoration to duty and requested execution of the bad conduct
discharge. The discharge was issued on 15 December 1974.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, limited
education and contention that your grandfather's illness meant
that you had to go home to take care of the livestock. The Board
found that these factors and contention were not sufficient to
warrant recharacterization of your discharge given your record of
misconduct. There is no evidence in your record and you have
submitted none to support your contention that you had a family
hardship or if you did that it was sufficient to excuse or
mitigate your misconduct. he Board concluded that the discharge
wags proper as issued and no change is warranted.
s been denied. The names and
Accordingly, your application ha
1 will be furnished upon request.
votes of the members of the pane
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,
Doo
W DEAN PFEIF
Fxecutive Direspor
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