DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-8100
BAN
Docket No: 05173-09
21 April 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 14 April 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 29 May 1967, and served
without disciplinary incident until 19 June 1968, when you
received nonjudicial punishment (NUP) for communicating a threat,
failure to obey a lawful order and being disrespectful in
language. Shortly thereafter, from July 1968 to January 1971,
you received another two NJP’s, a summary court-martial anda
Special court-martial (SPCM) for breaking restriction,
unauthorized absence, use of an illegal substance (marijuana),
failure to obey a lawful order, and attempting to steal from a
commissioned officer. Your sentence at the SPCM included a bad
conduct discharge (BCD). After appellate review, on 4 February
1972, you were separated from the naval service with a BCD and an
RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and belief that enough time has elapsed to warrant
upgrading your discharge. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your misconduct.
Finally, there is no provision of law or in Navy regulations that
allows for recharacterization of service due solely to the
passage of time. 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
record, the burden is on the applicant to demonstrate the
‘existence of probable material error or injustice.
Sincerely,
W. DEAN PFRI
xr
Executive
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