DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON OC 20370-5100
SJN
Docket No: 09055-08
30 July 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 28 July 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.
Biter 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 March 1968. On 2 May 1968 and 21 October 1969, you
received nonjudicial punishment (NUP) for urinating while in your
platoon area and-57 days of unauthorized absence (UA). On
20 May 1971, you were convicted by special court-martial (SPCM)
of three periods of UA totaling 332 days. You were sentenced to
confinement at hard labor, a forfeiture of pay, a reduction in
paygrade, and a bad conduct discharge (BCD). You received the
BCD after appellate review was completed.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and post service conduct. Nevertheless, the
Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your record of two
NJP’s and conviction by SPCM for a period of UA that lasted over
11 months. 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.
Consequentiy, 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,
lb
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