DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 3362-11
13 January 2012
This ig 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 3 April 1972 at age 19 and
began a period of active duty. You served for nearly a year
without disciplinary incident, but on 25 April 1973, you were
convicted by special court-martial (SPCM) of a 44 day period of
unauthorized absence (UA). On 26 November 1973 you received
nonjudicial punishment (NJP) for a one day period of UA and drunk
and disorderly conduct. About two months later, on 9 January
1974, you received NUP for a two day period of UA.
On 19 March 1975 you were convicted by general court-martial
(GoM) of two periods of UA totalling 107 days. You were
sentenced to confinement at hard labor for 75 days, a $525
forfeiture of pay, reduction to paygrade E-1, and a bad conduct
discharge (BCD). Subsequently, you submitted a written request
for immediate execution of the BCD. After the BCD was approved
at all levels of review, on 2 August 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, post service conduct, and desire to upgrade your
discharge. It also considered your assertion of having to serve
in a hostile environment. 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. Finally, there is
no evidence in the record, and you provided none, to support your
assertion. 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,
W. DE
Executive or
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