DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
SIN
Docket No: 11815-09
30 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 24 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 and began a period of active
duty on 11 August 1975. The Board found that on 9 September 1975
and 19 July 1976, you received nonjudicial punishment (NUP) for
two periods of unauthorized absence (UA) totaling 10 days. On
12 January 1977, you submitted a written request for a good of
the service @Gischarge for two periods of UA totaling 86 days.
Your request was denied and you were convicted by special court-
Martial (SPCM) of those periods of UA. You were sentenced to
confinement at hard labor, a reduction in rate, and a bad conduct
discharge (BCD). You received the BCD on 16 November 1977 after
appellate review was completed. :
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your two NJP’s and
SPCM conviction for periods of UA totaling over two months.
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,
LoBeuS
W. DEAN PF
Executive eto
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