DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
, 2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 00975-10
4 November 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 2 November 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 20 June 1973. The Board found that you received four
nonjudicial punishments (NJP’s) for eight instances of
disobedience, larceny, and unauthorized absence (UA). On
4 October 1974, you submitted a written request for a good of the
service discharge for 50 days of UA that ended in your
apprehension. Your request was denied and you were convicted by
special court-martial (SPCM) of that period of UA. You were
sentenced to confinement at hard labor, a forfeiture of pay, a
reduction in paygrade, and a bad conduct discharge (BCD). You
received the BCD on 24 March 1976 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 four NJP’s and
SPCM conviction for a lengthy period of UA that only ended when
you were apprehended. 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
jevidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
resumption of regularity attaches to all official records.
nsequently, 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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