DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
REC
WASHINGTON DC ;
BS EQSEO SOO ieee Nos 0621-10
27 July 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 27 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 25 August 1966. On 29 September 1967, you were convicted
by a special court-martial (SPCM) of sleeping on post. You were
sentenced to a forfeiture of $128, and confinement at hard labor
for 23 days. On 6 May 1968, you received nonjudicial punishment
(NOP) for unlawfully drinking alcohol. On 29 July 1968, you
received NUP for being in an unauthorized absence (UA) status for
seven days. You were informed that you would receive a general
discharge at the expiration of your term of active obligated
service and were not eligible for reenlistment. The discharge
authority directed a general discharge. You were so discharged
on 20 September 1968.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and Vietnam service. However, the Board found that
these factors were not sufficient to warrant any change in your
character of service, given your record of two NJP’s, and
conviction by a SPCM of misconduct. The Board also noted that
you were fortunate to receive a general discharge since a
separation under other than honorable conditions is often
directed when an individual is found to have committed
misconduct. 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,
Lo SR
W. DEAN PFE
Executive Dikec
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