DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 11162-09
12 August 2010
—
This is in reference to your application for correction of your
naval record pursuant to the provisions of 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 10 August 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 22 June 1972 at age 18 You
served for about four months without disciplinary incident, but
on 21 February 1973, you were convicted by summary court-martial
(SCM) of two periods of unauthorized absence (UA) totalling 50
days. Shortly thereafter, on 23 April 1973, you were convicted
by special court-martial (SPCM) of two periods of UA totalling 18
days.
On 31 January 1974 you were convicted by SPCM of a 50 day period
of UA and sentenced to confinement at hard labor for five months,
a $1,290 forfeiture of pay, and a bad conduct discharge (BCD).
On 5 June 1974 you submitted a written request for immediate
execution of the BCD. Subsequently, the BCD was approved at all
levels of review, and on 7 February 1975 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, post service conduct, and desire to upgrade your
discharge. Nevertheless, these factors were not sufficient to
e
warrant recharacterization of your discharge because of the
seriousness of your repetitive and lengthy periods of UA from the
Marine Corps. 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.
gConsequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
g@eistence of probable material error or injustice.
Sincerely,
LS sa
W. DE F
Executive Diredt
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