DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 00589-09
24 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 18 November 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 on 31 March 1972, at the age of
18. On 13 September 1972, you received nonjudicial punishment
(NIP) for being in an unauthorized absence status (UA). On
26 September 1972, you received NJP for an additional UA and
breaking restriction. On 2 July 1974, you were convicted at a
special court-martial (SPCM) for numerous periods of UA totaling
364 days. You were sentenced to receive a forfeiture of $1,000,
confinement to hard labor and to receive a bad conduct discharge -
(BCD). On 7 November 1974, you received a third NJP for an
additional 16 days of UA. On 30 January 1975, you were convicted
at civil court in Riverside, California for burglary and
sentenced to 60 days confinement and two years probation. After
appellate review, on 21 March 1975, you received your BCD.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, gsuch.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 three NJP’s, conviction by
SPCM and civil conviction. 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,
\5
Executive Dikachkbr
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