DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 6035-10
7 March 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 20 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 2 March 2011. 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
Lywjustice.
You enlisted in the Marine Corps and began a period of active
duty on 30 January 1970 at age 22. On 26 July 1972, you were
convicted by special court-martial (SPCM) of unauthorized absence
(UA) from your unit for a period of 674 days. The sentence
imposed was 90 days confinement, forfeiture of pay, reduction in
paygrade and a bad conduct discharge (BCD). A portion of the
sentence including the BCD was suspended for six months. On
24 October 1972, you were again UA from your unit for a period of
500 days until you were apprehended by the Federal Bureau of
Investigation in Brooklyn, New York, on 7 March 1974. On
17 April 1974 your commanding officer vacated the BCD and the
other suspended portions of your sentence from the 26 July 1972
SPCM. On 1 May 1974, you received the BCD.
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 the seriousness of your misconduct that
resulted in a SPCM and periods of UA that lasted over three years
and two months. 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,
Lo Qand :
W. DEAN PFE
Executive DiYecto
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