DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 8267-10
15 April 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 13 April 2011. Zour allegations of error and
injustice were reviewed sn 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 29 September 1970 at age 19. On 6 April 1972, you were
convicted by special court-martial (SPCM) of unauthorized absence
(UA) from your unit for a period of 295 days. The sentence
imposed was confinement for five months, a forfeiture of pay,
reduction in paygrade and a bad conduct discharge (BCD). The
convening authority suspended three months of the confinement for
six months. On 27 July 1972, you received nonjudicial punishment
(NIP) for UA from your unit for one day. On 12 March 1973, you
were convicted by SPCM of UA from your unit for a period of 133
days. The sentence imposed was confinement for five months, a
forfeiture of pay and a second BCD. You then request immediate
execution of your discharge. On 20 November 1973, you received
the BCD after appellate review was complete.
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 one NUP, two SPCM convictions and periods of UA that
totaled over one year and two months. Finally, the Board noted
er
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 t 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
Executive or
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