DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 11059-08
5 October 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.
OR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your:
application on 29 September 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 26 March 1974 at age 17. During the period from
3 October to 19 April 1975, you received four nonjudicial
punishments (NUP’s) for two instances of failure to go to your
appointed place of duty, two instances of disobedience,
disrespect, and drunk and disorderly conduct. Additionally, you
were counseled and warned that further misconduct could result in
administrative discharge action.
On 15 August 1975, you were convicted by special court-martial
(SPCM) of drunk and disorderly conduct, two specifications of
being incapacitated for the proper performance duty, breaking
restriction, and disrespect. You were sentenced to confinement
at hard labor, a reduction in paygrade, forfeiture of pay, and a
bad conduct discharge (BCD). However, on 18 September 1975, the
convening authority approved the sentence, but suspended tlw
execution of the BCD for six months.
On 2 and 6 January 1976, you received NUP for disobedience,
breaking restriction, and being an accessory after the fact.
As a result of last two NJP's, 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 and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your record of six NJP’s, two of which
were after you were given an opportunity to earn a better
characterization of service when your BCD was suspended for a
period of six months, and conviction by SPCM. 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,
Wend
W. DEAN
Executive D or
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