DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 SIN
Docket No: 00989-09
20 November. 2009
Sy :
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 17 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, his 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 27 March 1963 at age 17. During the period from 26 March
1964 to 5 January 1966, you received nine nonjudicial punishments
{(NJP’s) for four instances of failure to go to your appointed
place of duty, three instances of disobedience, a brief
unauthorized absence (UA), breaking restriction, disrespect,
absence from your appointed place of duty, and sleeping on watch.
On 26 February 1966, you were convicted by special court-martial
(SPCM) of sleeping on watch while being posted as a sentinel
against possible enemy forces. You received confinement and a
forfeiture of pay. On 29 April and 20 May 1966, you were
convicted by summary court-martial (SCM) of two periods of UA
totaling 16 days. On 2 November 1966, you received a tenth Nugp
for a brief UA. On 20 December 1966, you were convicted by a
second SPCM of a 14 day period of UA and failure to go to your
appointed place of duty. You were sentenced to confinement at
hard labor, a forfeiture of pay, and a bad conduct discharge.
However, the BCD was suspended for the period of confinement, and
six months thereafter. You were released from confinement and
restored to duty.
On 31 May and 25 July 1967, you received two additional NUP’s for
disobedience and two instances of absence from your appointed
place of duty. On 7 August 1967, you began another period of UA
that lasted 14 days, ending on 21 August 1967. The probationary
period of your BCD was terminated, and you received an other than
honorable discharge.
The Board, in its review of your application, carefully weighed
¢ All potentially mitigating factors, such as your youth, overall
record of service, Vet Center letter dated 13 September 2007,
Oakland Psychological Clinic letter, and Vietnam service.
“Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
the 12 NJP’s, two of which were imposed after you were given an
opportunity to earn a better characterization of service, two SCM
convictions, and convictions by SPCM for very serious offenses.
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,
ar .
W. DEANS
Executive to
Copy to:
Oakland County Michigan
Department of Public Services
2
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