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NAVY | BCNR | CY2011 | 04649-11
Original file (04649-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

BUG
"Docket No: 4649-11
8 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 7 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 that the evidence submitted was

insufficient to establish the existence of probable material
error or injustice.

You enlisted in the Marine Corps and entered active duty on 1
October 1969. You received nonjudicial punishment on three
occasions, and were convicted at a summary court-martial, a
special court-martial (SPCM), and by civil authorities. Your
offenses included unauthorized absence (four specifications
totaling 39 days), disobeying a lawful order (seven

specifications), disrespect (two specifications), making a false
official statement, assault, and possession of heroin. The
sentence at your SPCM included a bad conduct discharge (BCD). On

28 October 1971, after appellate review, you received the BCD.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
allegation that a noncommissioned officer instructed you to deal
drugs. However, the Board concluded that your BCD should not be
changed due to your numerous acts of serious misconduct. The
Board noted that you did not provide any evidence to support
your allegation, and there is no such evidence in your record.
You are advised that no discharge is upgraded due solely to the
passage of time or post service good conduct. In view of the
above, 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,

ower

DEAN PFBI

 

 

Executive Yr or

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