DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 02501-10
27 December 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 15 December 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 11 September 1972. On 20
February 1973, you received nonjudicial punishment (NJP) for
being in an unauthorized absence (UA) status for five days. On
12 March 1973, you received NUP for being UA for four days. On
21 June 1973, you received NJP for failure to obey a lawful
order. On 17 August 1973, you were convicted at a special court-
martial (SPCM) of being UA for 42 days. You were sentenced to
forfeiture of $612, confinement at hard labor for 90 days, and a
bad conduct discharge (BCD). You continued your misconduct by
commencing two additional lengthy periods of UA totaling 78 days,
but your chain of command decided not to take punishment action.
However, on 28 February 1974, you received your fourth NJP for
being UA a total of 69 days. The discharge authority directed
the execution of your BCD. On 2 August 1974, 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 four NJP’S and conviction
by one 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
~presumpt larity attaches to all official records.
pre
record,
applying for a correction of an official naval
§ emiciance ofbMerShable material error or injustice.
Mo.is on the applicant to demonstrate the
v f Sincerely,
\Ddeass
W. DEAN B
Executive D
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