DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
‘ |
2 NAVY ANNEX REC
WASHINGTON DC 20 “51
N 20370-5100 Docket No: 08332-10
21 Aeril 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 L552).
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 April 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 qnsurtLLeLEent
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 30 March 1970, at the age of
17. On 11 August 1970, you received nonjudicial punishment (NTP)
for being in an unauthorized absence (UA) status for 12 days. On
28 October 1971, you were convicted by a special court-martial
(SPCM) of being UA on two occasions totaling 61 days, possession
of heroin and opium, wrongful transfer of narcotic drugs through
the mail, and breaking restriction. You were sentenced to a
forfeiture of $475, reduction in pay grade, confinement at hard
labor for five months, and a bad conduct discharge (pep), The
discharge authority directed the execution of your BCD. On
4 March 1972, after appellate review, 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 your record of one NUP and conviction by
a SPCM of very serious offenses. 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.
;
ow Sincerely,
W
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