DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 1069-10
19 September 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 15 September 2011. 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 on 7 December 1970, and served
without disciplinary incident until 19 July 1971, when you
received nonjudicial punishment (NUP) for unauthorized absence
(UA). Shortly thereafter, on 1 December 1971, you were convicted
at a special court-martial of two specifications of larceny.
Your sentence included a bad conduct discharge (BCD). in
addition, on 17 February 1972, you received NJP for three
specifications of disobeying a lawE~ul order. Therefore, on 14
June 1972, after appellate review, you were separated with a BCD
and an RE-4 reenlistment code due to your conviction at a SPCM.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your claim that you were a prisoner of war (POW) in Cambodia at
the time of your SPCM and were not able to defend yourself and
face your accusers. However you have offered no supporting
documentation to support your claim, and your service record does
not show that you were ever a POW. Therefore, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
It ig 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 PF
Executive D
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