DEPARTMENT OF TRE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX :
WASHINGTON DC 20370-5100 |
RD2Z:ecb
Docket No. 09620-08
10 July 2003
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 8 Juiy 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
o£ 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 6 April 1966. On 6 April
1967 you were tried and convicted by special court-martial
(SPCM) for a 45 day period of unauthorized absence (UA). Less
than six months later you received a second SPCM for 37 days of
UA and failure to obey a lawful order. On 15 February 1968 you
received nonjudicial punishment for 19 hours of UA. On 10
January 1969 you received your third SPCM and were convicted of
wrongful possession and use of marijuana. As part of your
sentence you were awarded a bad conduct discharge. On 21 June
1969, while you were awaiting appellate review of your last SPCM
conviction you were tried and convicted by summary court-martial
‘of seven hours of UA. You subsequently waived your right to
request restoration to duty and instead asked that you be given
your BCD, which you received on 31 October 1969.
The Board in its review of your application concluded that your
frequent and serious misconduct clearly showed that your
discharge was proper as issued and should not be changed now as
a matter of clemency.
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4
: $
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon
reqtiest .
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,
\
WwW.
Executive D
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