DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 1165-11
8 November 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 1 November 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 ali
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 5 February 1973 at age 17 and
served without disciplinary incident until 29 June 1973, when you
received nonjudicial punishment (NUP) for a seven day period of
unauthorized absence (UA). Shortly thereafter, on 27 August
1973, you were convicted by summary court-martial (SCM) of a 19
day period of UA. About six months later, on 27 February 1974,
you were convicted by special court-martial (SPCM) of a 33 day
period of UA.
On 22 January 1975 you were convicted by SPCM of five periods of
UA totalling 131 days and disobedience. You were sentenced to
confinement at hard labor for four months, an $800 forfeiture of
pay, and a bad conduct discharge (BCD). On 5 March 1975 you
submitted a written request for suspension of the BCD and
restoration to duty. However, your request was subsequently
denied. On 16 April 1975, after an arrest warrant was issued for
your failure to appear in civil court on charges of robbery on or
about 7 July 1974, you were released from military custody to
Stand trial in civil court. Your record, however, does not
reflect the court action or sentence for the foregoing charge.
Nonetheless, on 27 August 1975, the BCD was approved at all
levels of review, and on 1 September 1975, 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 for medical
purposes. It also considered your assertion of having a bi-polar
disorder and multiple personalities. Nevertheless, these factors
were not sufficient to warrant recharacterization of your
discharge given the seriousness of your repetitive and lengthy
periods of UA from the Marine Corps and criminal activity in the
.Civilian community. 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,
Lo Veet
W. DEAN PFEI
Executive Dinkec
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