DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
REC
WASHINGTON DC 20370-
: 05100 Docket No: 00958-1211
3 November 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 2 November 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 17 June 1974, at the age of
18, for two years. On 13 November 1974, you received nonjudicial
punishment (NJP) for being in an unauthorized absence (UA) status
for 23 days. On 27 February 1978, you were convicted by a
special court-martial (SPCM) of being UA on three occasions
totaling 1,082 days. You were sentenced to reduction in pay
grade, confinement at hard labor for 30 days, and a bad conduct
discharge (BCD). The discharge authority directed the execution
of your BCD. On 29 September 1978, 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 record
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant recharacterization of your
discharge given your record of one NUP, and a conviction by a
SPCM for being UA approximately three years. 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,
Wy Deas
W. DEAN PFE
Executive Di tor
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