DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 12900-09
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. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Marine Corps on 27 January 1969. You received
nonjudicial punishment on three occasions for sleeping on
watch, willfully disobeying a lawful order, and unauthorized
absence (UA), two specifications totaling 13 days. You were
convicted at a general court-martial of UA (two specifications
totaling 743 days). Your sentence included a bad conduct
discharge (BCD). On 21 September 1973, after appellate review,
you received the BCD.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
Vietnam service. However, the Board concluded that your BCD
should not be changed due to your numerous acts of serious
misconduct. In view of the above, 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 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,
Lo Dowel
W. DEAN PFE E
Executive Director
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