DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
70+ S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 3422-11
12 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 16 December 1974 at age 17
and began a period of active duty. Shortly thereafter, on 27
December 1974, you received nonjudicial punishment .(NUP) for
disobedience and disrespect. ,
On 19 May 1977 you were convicted by special court-martial (SPCM)
of two periods of unauthorized absence (UA) totalling 167 days.
You were sentenced to confinement at hard labor for 45 days, a
$300 forfeiture of pay, reduction to paygrade E-1, and a bad
conduct discharge (BCD). On 1 June 1977 you submitted a written
request for immediate execution of the BCD. Subsequently, the
BCD wag approved at all levels of review, and on 12 October 1977,
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 material error or injustice.
Sincerely,
wea
Executive Dir
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