DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 01186-10
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 6 June 1972, at the age of
24. On 16 October 1972, you commenced a period of unauthorized
absence (UA) which lasted seven days. However, the record does
not reflect that any disciplinary action was taken for this
period of UA. On 17 December 1973, you received nonjudicial
punishment (NJP) for being UA 12 days. On 23 January 1975, you
were convicted at a special court-martial (SPCM) of four
instances of UA, totaling 278 days. You were sentenced to a
forfeiture of $400, confinement at hard labor for four months,
and a bad conduct discharge (BCD). On 3 February 1975, you then
commenced an additional lengthy period of UA, lasting 272 days.
On 4 February 1976, the discharge authority directed the
execution of your BCD. On 6 February 1976, 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 one NUP and conviction by
a SPCM. Accordingly, 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
Fecord, the burden, +8 on the applicant to demonstrate the
cistence of pro able material error or injustice.
Sincerely,
\o Noo
W. DEAN PFELYF
Executive Director
i a
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