DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
, 2 NAVY ANNEX
WASHINGTON DC 20370-5100 SIN
Docket No: 03347-0939
3 March 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 2 March 2010. 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 and began a period of active
duty on 4 January 1976 at age 18. On 18 August 1976 and
6 January 1977, you received nonjudicial punishment (NUP) for
absence from your appointed place of duty and disobedience. On
21 April 1977, you were convicted by special court-martial (SPCM)
ef going from your appointed place of duty, disrespect, and four
specifications of disobedience. You were sentenced to
confinement at hard labor, a forfeiture of pay, and a bad conduct
discharge (BCD). You received the BCD on 12 September 1977 after
appellate review was completed.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and period
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant recharacterization of your
discharge given your record of two NJUP's and conviction 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.
Be
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,
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