DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS ©
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 02761-09
8 January 2010
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 16 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.
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.
ed-in-the Marine Corps and began a period of active
: on 26 January 1971 at age 19. On 14 July 1971, you received
nonjudicial punishment (NJP) for a two day period of unauthorized
absence (UA) from your unit. On 19 August 1971, you received NJP
for a thirteen day period of UA from your unit. On 18 November
1971, you were convicted by summary court-martial (SCM) of a 16
day period of UA from your unit. On 24 December 1971, you were
convicted of civilian charges and sentenced to 16 days
confinement. On 8 February 1972, you were convicted by SCM of a
19 day period of UA from your unit. On 11 October 1972, you were
convicted by special court-martial (SPCM) of a 111 day period of
UA from your unit and sentenced to four months of confinement,
forfeiture of pay, 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, a civilian conviction, two SCM’s and one
SPCM 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,
W. DEAN PRESFRSY
Executive -D Lae
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