DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 12413-09
2 September 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 31 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
Lay USt Le ;
You enlisted in the Marine Corps and began a period of achive
duty on 7 May 1962. The Board found that during the period from
3 September 1963 to 21 December 1965, you received nine
nonjudicial punishments (NJP’s), were convicted by two special
courts-martial (SPCM’s), one summary court-martial (SCM), and
sentenced to 37 days in jail by civil authorities for the sale of
government firearms. On 29 March 1967, you were convicted by a
general court-martial (GCM) of a 63 day period of unauthorized
absence (UA). You were sentenced to confinement at hard labor,
and a bad conduct discharge (BCD). You received the BCD on
19 September 1967 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,
based on the information currently contained in your record,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your nine NJP’s for
numerous infractions, SCM, two SPCM’s for very serious offenses,
civil conviction for a serious offense, and especially your GCM
for a period of UA that lasted over two months, which ended in
your apprehension. 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,
W. DEAN P
Executive D\ye
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