DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 01094-10
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 3 November 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 28 May 1965, at the age of
18. On 26 April 1966, you received nonjudicial punishment (NIP)
for failing to maintain your military uniforms. On 4 May 1966,
you received NUP for failure to obey a lawful order. On 27 March
1967, you received NUP for two instances of violating a lawful
general order. On 6 June 1967, you were convicted at a special
court-martial (SPCM) of sleeping on post. You were sentenced to
a forfeiture of $2,400, reduction in pay grade, and confinement
at hard labor for four months. On 8 April 1968, you received NUP
for failure to go to your appointed place of duty. On 6 May
1968, you received NUP for disobeying a lawful order. On 13 May
1968, you received NUP for failure to go to your appointed place
of duty. On 3 December 1968, you received NJP for Earlure to
obey a lawful order. On 22 January 1969, you were convicted at
your second SPCM of being in an unauthorized absence (UA) status
for 31 days, and breaking restriction. You were sentenced to a
forfeiture of $570, six months confinement at hard labor, and a
bad conduct discharge (BCD). The discharge authority directed
the execution of your BCD. On 29 May 1969, after appellate
review, you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your record of seven NJP’s and conviction
by two SPCM’s. Accordingly, your application has been denied.
The names and votes of the members of the panel will be furnished
upon request.
Rt 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,
\
Seah,
Executive Dize ie
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