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NAVY | BCNR | CY2010 | 11000-10
Original file (11000-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TUR
Docket No: 11000-10
20 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 19 July 2011. The names and votes of the

members of the panel will be furnished upon request. 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 15 November 1965 at age 17
and served without disciplinary incident until 8 June 1966, when
you were convicted by special court-martial (SPCM) of attempted
theft of $40. On 21 December 1966 you received nonjudicial
punishment (NJP) for theft of a watch.

On 18 February 1967 you were convicted by SPCM of absence from

“your appointed place of duty, failure to obey a lawful order,
resisting arrest, and theft of a television set. About glx
months later, on 16 August 1967, you were again convicted by SPCM
of making a false official statement and absence from your
appointed place of duty. On 2 October 1967 you received NUP for
absence from your appointed place of duty. On 1 April 1968 you
received your third NUP for two periods of absence from your
appointed place of duty.

On 24 January 1969 you were convicted by SPCM of a 34 day period
- of unauthorized absence (UA). You were sentenced to confinement
at hard labor for three months, a $285 forfeiture of pay, anda
bad conduct discharge (BCD). On 16 April 1969 you waived
restoration to duty and submitted a written request for immediate
execution of the BCD. Subsequently, the BCD was approved at all
levels of review, and on 18 April 1969, you were issued a BCD.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your repetitive
misconduct which resulted in three NUJPs and four court-martial
convictions. Accordingly, your application has been denied.

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,

Lis Boa }
W. DEAN ASerdd
Executive Digec

th

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