DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 09290-10
19 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 18 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 4 March 1969, at the age of
19. On 26 March 1970, you received nonjudicial punishment (NJP)
for being in an unauthorized absence (UA) status and failure to
obey a lawful order. On 19 March 1971, you were convicted by a
general court-martial (GCM) of an unauthorized absence (UA) of
one day, being in an unauthorized area, being disrespectful in
language, attempting and escaping from lawful custody, possession
of an M-16 rifle not issued to you, stealing government property,
two incidents of assaulting a fellow Marine, one incident of
unlawfully striking a Vietnamese girl in the face, and four
violations of a lawful general order. You were sentenced to a
forfeiture of all pay and allowances, reduction in pay grade,
confinement for eight months, and a bad conduct discharge (BCD).
The discharge authority directed the execution of your BCD. On
22 February 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
Vietnam 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 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,
Robert D. ZSALMAN
Deputy Executive Director
EO:
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