DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIJR
Docket No: 1562-10
20 October 2010
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 19 October 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 on 8 August 1975 at age 17 and
began a period of active duty on 2 September 1975. You served
without disciplinary incident until April 1976. However, during
the period from 6 April to 6 May 1976, you received nonjudicial
punishment (NJP) on three occasions for five periods of
unauthorized absence (UA) totalling 12 days, discharging a pistol
in the barracks, and two specifications of failure to obey a
lawful order.
On 8 June 1976 you submitted a written request for an other than
honorable discharge for the good of the service to avoid trial by
court-martial for assault with a deadly weapon, disobedience, and
wrongful possession of marijuana. However, your request was
denied and the foregoing charges were referred for trial by
court-martial. About a month later, on 8 July 1976, you were
convicted by special court-martial (SPCM) of assault with a
deadly weapon, disobedience, and wrongful possession of
marijuana. You were sentenced to confinement at hard labor for
four months, restriction and hard labor for 45 days, a $1,440
forfeiture of pay, and a bad conduct discharge (BCD). On 9 July
1976 you submitted a written request for immediate execution of
the BCD. Subsequently, the BCD was approved at all levels of
review and on 2 November 1979 you were so discharged.
The Board, in its review of your entire record and application,
garefully weighed all potentially mitigating factors, such as
our youth and desire toiupgrade your discharge. It also
le sae your assertion of recruiter misconduct, specifically,
*eheating on an.entrance examination. Nevertheless, these factors
ยข ere not suff G Mo warrant recharacterization of your
discharge because of the seriousness of your repetitive and
frequent misconduct. Finally, there is no evidence in the
record, and yout submitted none, to support your assertion of
recruiter misconduct. 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
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,
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