DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 REC
Docket No: 01979-09
10 December 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 9 December 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. ; oo. 4
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 1 March 1973, at the age of
18. On 26 November 1973, you received nonjudicial punishment
(NIP) for two instances of disobeying a lawful order and being
disrespectful in language. On 21 December 1973, you received NJP
for disobeying an order. On 14 February 1974, you received NJP
again for disobedience, and being absent from your appointed
place of duty. On 11 June 1974, you were convicted at a special
court-martial {(SPCM) for being in an unauthorized absence status
for a three day period, leaving your appointed place of duty on
two occasions, being disrespectful in language on two occasions,
assault and five instances of disobeying a lawful order. You
were sentenced to a forfeiture of $600, confinement at hard labor
for five months and a bad conduct discharge (BCD). On 24 June
1975 you began appellate leave. The discharge authority directed
the execution of your BCD. On 1 October 1975, after appellate
review, you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, guch 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 four 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.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitied 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,
W. D
Executive Bi
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