DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 6582-09
3 June 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions ot Title 10, 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 June 2010. The names and votes of the members
of the panel will be furnished upon request. 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 10 July 1973 at age 18 and
served without disciplinary incident until 27 February 1974, when
you received nonjudicial punishment (NUP) for two periods of
unauthorized absence (UA) totalling 13 days. During the period
from 30 May 1974 to 19 February 1975 you were in a UA status on
six occasions for 132 days, however, the record does not reflect
the disciplinary action taken, if any, for this misconduct.
On 30 May 1975 you received NUP for a 16 day period of UA. You
were again in a UA status on two more occasions from 2 to 19 June
1975 for a total of nine days. The record does not reflect the
disciplinary action taken, if any, for these periods of UA. On
14 July 1975 you received your third NUP for absence from your
appointed place of duty.
On 9 January 1976 you were convicted by special court-martial
(SPCM) of stealing $1,150, three specifications of forgery, and
making a false identification card. You were sentenced to
confinement at hard labor for five months, a $1,200 forfeiture of
pay, reduction to paygrade E-1, anda bad conduct discharge
(BCD). On 7 and 8 June 1976 you received NUP for failure to go
to your appointed place of duty and two specifications of
disobedience. Subsequently, the BCD was approved at all levels
of review, and on 19 November 1976, you were issued a BCD.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion that you were not afforded proper
representation and as such did not understand the consequences of
your discharge. Nevertheless, these factors were not sufficient
to warrant recharacterization of your discharge because of the
seriousness of your repetitive and lengthy periods of UA from the
Marine Corps, and your misconduct which resulted in five NUJPs and
a SPCM. Finally, there is no evidence in the record, and you
submitted none, to support your assertion. Accordingly, your
application has been denied.
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,
Executive
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