DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 03897-11
15 February 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, of the
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 14 February 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 enlisted in the Marine Corps and began a period of active
duty on 21 January 1974. The Board found that on 31 January
1975, you were convicted by special court-martial (SPCM) of
larceny. You were sentenced to confinement at hard labor, a
reduction in paygrade, and a bad conduct discharge (BCD). On
3 March 1975, the convening authority approved the sentence, but
the BCD and a period of confinement at hard labor were suspended
for six months. On 1 May 1975, you began a period of
unauthorized absence (UA) that lasted 315 days, ending on
11 March 1976. On 20 April and 11 May 1976, you received
nonjudicial punishment (NJP) for absence from your appointed
place of duty. Subsequently, your suspended BCD was vacated,
and on 28 May 1976, you received it after appellate review was
completed.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record
of service, and character letters. Nevertheless, the Board
found that these factors were not sufficient to warrant
recharacterization of your discharge given your SPCM conviction,
of a period of UA that lasted over 10 months, and two NJP’s.
Finally, the Board noted that you were given an opportunity for
retention and to earn a better characterization of service when
your BCD was suspended for six months as a result of your SPCM.
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,
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