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NAVY | BCNR | CY2011 | 03783-11
Original file (03783-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE RD SUITE 1004
ARLINGTON VA 22204-2490

 

BAN
Docket No: 03783-11
31 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 31 January 2012. 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 entered active duty service in the Marine Corps on 30
September 1971, and served without disciplinary incident until 17
April 1973, when you were convicted at a special court-martial
(SPCM) of an unauthorized absence in excess of 10 months. You
were sentenced to receive a bad conduct discharge (BCD) .
Therefore, you were separated with a BCD and an RE-4 reenlistment
code due to your conviction at a SPCM. You received the BCD
after appellate review on 9 April 1974.

The Board, in its review of your entire record and application,
carefully weighed all. potentially mitigating factors, such as
your claim that your family problems should have caused the
Marine Corps to award you a hardship discharge instead of a BCD.
However, the Board concluded these factors were not sufficient to
warrant recharacterization of your discharge because of the
seriousness of your misconduct. 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,

NNT

W. DEAN PFE
Executive Di r

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