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NAVY | BCNR | CY2011 | 04538-11
Original file (04538-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 ยง. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490

 

BAN
Docket No: 04538-11
21 February 2012

 

This is in reference to your application for correction of your
naval record pursuant to the provisions ef 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 15 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 entered active duty service in the Marine Corps on 2 November
1978, and served without disciplinary incident until 24 February
1981, when you were convicted at a special court-martial (SPCM)
of an unauthorized absence (UA) 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 29 November 1982.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and claim that you were told that you were going to
receive a medical discharge due to your condition of
pseudophilicutitis; however, your claim is unsubstantiated. 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,

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