DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
‘ 2 NAVY ANNEA
WASHINGTON DC 20370-5100
TAL
Docket No: 11385-09
16 August 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 4 August 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 10 July 1969 at age 18. You received nonjudicial
punishment (NJP) on two occasions for failure to go to your
appointed place of duty and unauthorized absence (UA) from your
unit for a period of four days. You were convicted by summary
court-martials on two occasions of disrespect toward a superior
commissioned officer, willfully disobeying a lawful order,
‘nsubordinate conduct toward a noncommissioned officer, and
assault. On 8 April 1971, you were convicted by special court-
martial (SPCM) of UA from your unit. for a period of 21 days and
insubordinate conduct toward a noncommissioned officer by
striking him in the face. The sentence imposed was confinement
for four months, forfeiture of pay and a bad conduct discharge
(BCD). You waived your right to request restoration to duty and
requested execution of the BCD. You received the BCD after
‘ appellate review was complete.
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 the seriousness of your misconduct that
resulted in two NJPs two SCMs and a SPCM. Finally, the Board
noted that you waived your right to request restoration to duty
in the Marine Corps and requested execution of the BCD.
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
2@vidence 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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