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NAVY | BCNR | CY2010 | 06087-10
Original file (06087-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100
TJR

Docket No: 6087-10
24 March 2011

 

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 22 March 2011. 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 imsullieLent

to establish the existence of probable material error or
injUustLeé:.

You enlisted in the Marine Corps on 11 March 1966 at age 18 and
began a period of active duty. About seven months later, on 27
October 1966, you were convicted by summary court-martial (SCM)
of two periods of unauthorized absence (UA) totalling 61 days and
failure to obey a lawful order. On 19 June 1967 and again on 23
August 1968 you received nonjudicial punishment (NUP) for absence
from your appointed place of duty and a 10 day period of UA.

On 18 March 1969 you were convicted by special court-martial
(SPCM) of a 136 day period of UA. You were sentenced to
reduction to paygrade E-1, a $140 forfeiture of pay, confinement
at hard labor for four months, and a bad conduct discharge (BCD) .
The BCD was subsequently disapproved at all levels of review.
Nonetheless, you were processed for an administrative separation
by reason of misconduct as evidenced by your record of
misconduct. The separation authority directed your commanding
officer to separate you under other than honorable conditions by
reason of misconduct. On 27 June 1969 you were issued a
Certificate of Discharge or Release from Active Duty (DD Form
214) which reflected “released from active duty under other than
honorable conditions by reason of misconduct.” However, you were
retained until 20 December 1972, at which time you were issued a
general discharge at the expiration of your enlistment.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change the characterization of your
general discharge. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of your repetitive misconduct and lengthy
periods of UA which resulted in two NUPs and two courts-martial.
Finally, the Board concluded that you were fortunate to have
received a discharge under honorable conditions with having such
an extensive record of 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,

\pQan

W. DEAN PF
Executive D or

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