DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 8, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 3286-11
13 January 2012
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 12 January 2012. 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 25 February 1975 at age 19
and began a period of active duty. On 12 September 1977 you were
convicted by special court-martial (SPCM) of three periods of
unauthorized absence (UA) totalling 302 days. You were sentenced
to confinement at hard labor for four months, a $996 forfeiture
of pay, reduction to paygrade E-1, and a bad conduct discharge
(BCD). On 7 November 1977 you submitted a written request for
immediate execution of the BCD. Subsequently, the BCD was
approved at all levels of review, and on 6 March 1978, 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, post service conduct, and desire to upgrade your
discharge. Nevertheless, these factors were not sufficient to
warrant recharacterization of your discharge given the
seriousness of your misconduct and your repetitive and lengthy
periods of UA from the Marine Corps. 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 matérial error or injustice.
Sincerely,
Lo ranes
W. DEAN PFE
Executive Diveet
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