DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 06450-09
13 May 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 11 May 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
ime bee.
You enlisted in the Marine Corps on 30 June 1971, at the age of
19. On 3 January 1972, you received nonjudicial punishment (NJP)
for sleeping on post. On 7 March 1972, you received NUP for
failure to obey a lawful order. On 2 May 1972, you were
counseled and warned that further misconduct could result in
administrative separation. On 3 June 1972, you were convicted at
a summary court-martial (SCM) for two instances of larceny. You
were sentenced to a forfeiture of $192, reduction in pay grade,
and confinement at hard labor for 30 days. On 15 February 1973,
you were convicted at a special court-martial (SPCM) for being in
an unauthorized absence (UA) status for 165 days. You were
sentenced to a forfeiture of $450, reduction in pay grade, and
hard labor for three months. On 30 January 1974, you were
convicted at a second SPCM for an additional UA period lasting 61
days. You were sentenced to a forfeiture of $300, confinement at
hard labor for one month, restriction to the base for three
months, and a bad conduct discharge (BCD). The discharge
authority directed the execution of your BCD. On 6 February
1975, 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
of your discharge given your record of two NJP’s and convictions
by one SCM and two SPCM’s. 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,
Vs atin
ROBERT D. SALMAN
Acting Executive Director
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