DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 11738-10
23 August 2011
This is in reference to your application for correction of your
late husband's 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 23 August 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 late husband's naval record
and applicable statutes, regulations and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
Your late husband enlisted in the Marine Corps and entered
active duty on 16 July 1963. He received nonjudicial
punishment on four occasions, and was convicted by three
special courts-martial (SPCM). His offenses included three
specifications of unauthorized absence (UA) totaling 17 days,
larceny of a knife, wrongful appropriation, failure to obey a
regulation, and assault with a dangerous weapon. On 12 October
1966, he pled guilty at his third SPCM and was convicted of a
58 day period of UA. His sentence included a bad conduct
discharge (BCD). On 9 February 1967, after appellate review,
he received the BCD.
The Board, in its review of your late husband's entire record,
carefully considered all potential mitigation, such as his
youth and Vietnam service. Nevertheless, the Board concluded
that these factors were not sufficient to warrant upgrading his
discharge due his numerous acts of misconduct. In view of the
above, 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,
Wen
W, DEAN PEEI
Executive ‘Dh tor
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