DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 6291-10
25 March 2011
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 17 March 2011. Your allegations of error and
injustice were reviewed tn 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 and began a period of active
duty on 8 February 1966 at age 17. On 24 October 1968, you were
convicted by special court-martial (SPCM) of unauthorized absence
(UA) from your unit for a period of 74 days. The sentence
imposed was confinement for thirty days and a forfeiture of pay.
The convening authority suspended the confinement for three
months. On 19 April 1967, you were convicted by SPCM of UA from
your unit for a period of 91 days and missing ship’s movement.
The sentence imposed was confinement for two months and a
forfeiture of pay. On 22 November 1967, you were again convicted
by SPCM of UA from your unit for a period of 63 days. The
sentence imposed was confinement for three months, a forfeiture
of pay and a bad conduct discharge (BCD). The convening
authority suspended the discharge for a period of nine months.
On 15 January 1968, you were again UA from your unit for a period
of 133 days, until you were apprehended by the Federal Bureau of
Investigation in St. Paul, Minnesota, on 28 May 1968. On 17 July
1968, the convening authority vacated the BCD and on 22 October
1968 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 the seriousness of your misconduct that
resulted in three SPCM convictions and periods of UA that totaled
over 11 months. Finally, the Board noted that you waived your
right to request restoration to duty and requested execution of
the discharge. 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 P
Executive D Oo
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