DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 02100-09
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 materiai 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 1 December 1971, at age 17.
Qn .22 February 1972, you were convicted at. a special court-
martial (SPCM) for using indecent language, stealing a bottle of
whiskey from Bastern Airlines, four instances of assault to an
airline stewardess, being drunk and disorderly, and communicating
indecent and insulting language toward the same stewardess. You
were sentenced to a forfeiture of $576, and confinement for three
months. On 2 June 1972, you received nonjudicial punishment
(NOP) for failure to lock your wall locker and having food in the
barracks. On 21 July 1972, you received NJP for an unauthorized
absence (UA). On 28 August 1972, you received NUP for failure to
go to your appointed place of duty and wrongful possession of two
identification cards. On 25 October 1972, you received NUJP for
UA, disobeying a lawful order and being disrespectful in language
toward a senior noncommissioned officer. On 30 December 1972,
you were convicted at a summary court-martial (SCM) for three
occasions of failure to go to your appointed place for duty,
breaking curfew and wrongful possession of marijuana. You were
sentenced to forfeiture of $192, reduction to pay grade E-1 and
60 days restriction. On 2 January 1973, you were convicted at a
SPCM for being disrespectful toward a superior commissioned
officer, wrongfully communicating a threat to injure a fellow
Marine, and four instances of breaking restriction. You were
sentenced to a forfeiture of $600, confinement at hard labor for
five months, and to receive a bad conduct discharge (BCD). After
appellate review, on 17 October 1973, you received the BCD.
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 four NUJP’s, convictions at
two SPCM’s and one SCM. 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.
na
io Yeon
Executive ctor
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