DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
' Docket No: 12371-08
9 November 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 October 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 4 December 1972 at the age of 17. On 30 April’ 1973, you
received nonjudicial punishment (NUP) for assault. On 28 August
1973, you received NJP for two instances of insubordinate
conduct. On 14 January 1974, you were convicted by special
court-martial (SPCM) of three instances of unauthorized absence
(UA), three instances of insubordinate conduct and larceny. You
were sentenced to confinement, forfeiture of pay, 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 and
overall record of service. Nevertheless, the Board found that |
these factors were not sufficient to warrant recharacterization
Of your discharge given the seriousness of your misconduct that
resulted in two NUP’s 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.
Tt 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 ail 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,
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