DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 06214-09
29 April 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 27 April 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 on 31 March 1972, at the age of
17. On 7 December 1972, you received nonjudicial punishment
(NUP) for being disrespectful to a noncommissioned.officer. On
22 December 1972, you received NJP for disobeying a lawful order.
On 23 April 1973, you received NUP for being in an unauthorized
absence (UA) status for 32 days. On 29 June 1973, you received
NOP for being UA for a period of eight days. On 26 October 1973,
you received NUP for being UA for one day. On 25 February 1974,
you were convicted at a special court-martial (SPCM) for being UA
for 89 days. You were sentenced to a forfeiture of $1290,
confinement at hard labor for sic months and a bad conduct
discharge (BCD). The discharge authority directed the execution
of your BCD. On 23 July 1974, after appellate review, you were
so discharged.
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
ef your discharge given your record of five 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 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,
ae
Executive D
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