DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 10506-10
21 July 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 20 July 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 and began a period of active
duty on 14 April 1965. On 13 September 1965, you received
nonjudicial punishment (NIP) for being in an unauthorized absence
(JA) status for one day. On 22 September 1965, you were
convicted by a summary court-martial (SCM) of sleeping on post,
and breaking restriction. You were sentenced to a forfeiture of
$50, and confinement at hard labor for 15 days. On 4 September
1967, you were convicted by a special court-martial (SPCM) of
sleeping on post. You were sentenced to a forfeiture of $180,
reduction in pay grade, and confinement at hard labor for six
months. On 20 September 1967, you were convicted by a SPCM of
being UA for 45 days. You were sentenced to a forfeiture of
$207, and confinement at hard labor for three months. On 6 March
1968, you were convicted by a third SPCM of being UA on three
occasions totaling 65 days, and violating a general regulation.
You were sentenced to a forfeiture of $390, confinement at hard
labor for six months, and a bad conduct discharge {BCD). On 19
March 1968, your commanding officer informed his chain of command
that you had been charged with possession of 1.2 grams of
marijuana while a prisoner in the brig. The discharge authority
directed the execution of your BCD. On 20 August 1968, after
appellate review, you received a BCD. At that time you were
assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, conduct,
and overall record of service. Nevertheless, the Board found
that these factors were not sufficient to warrant changing the
characterization of your discharge, given your record of one NJP,
one conviction by a SCM, and three SPCM’s convictions of
misconduct. You are advised that an RE-4 reenlistment code is
required when an individual is discharged by court-martial
conviction and is not recommended for retention. 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,
| Doar
i ,
ri DEAN PPET
x. Executive Direc
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