DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX a
REC
WASHINGTON DC 20370-5100
Docket No: 09041-10
5 May 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 4 May 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
injustice.
You enlisted in the Marine Corps on 12 May 1966, at the age ee
17. Between 14 November 1966 and 1 February 1968, you received
two nonjudicial punishments (NJP’s) for being in an unauthorized
absence (UA) status. On 20 November 1968, you were convicted by
a summary court-martial (SCM) of two incidents of being in an UA
status totaling 14 days. You were sentenced to a reduction in
pay grade, and confinement at hard labor for 45 days. On
30 October 1970, you were convicted by a general court-martial
(GCM) of being UA for 432 days. You were sentenced to forfeiture
of all pay and allowances, confinement at hard labor for nine
months, and a bad conduct discharge (BCD). The discharge
authority directed the execution of your BCD. On 19 March L971,
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
Vietnam service. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of your
discharge given your record of two NUP’s and convictions by a
SCM, and a GCM. 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,
Ls Womwete.
W. DEAN PFEIIRF
Executive Di Yr
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