DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 10014
ARLINGTON, VA 22204-2490
TUR
Docket No: 4719-11
16 February 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 14 February 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 25 October 1967 at age 19.
You served for nearly a year without disciplinary incident, but
on 14 October 1968, you received nonjudicial punishment (NUP) for
dereliction of duty. On 16 April 1970 and again on 12 January
1971 you received NJP for failure to go to your appointed place
of duty and a three day period of unauthorized absence (UA) .
On 21 April 1973 you were convicted by general court-martial
(GCM) of desertion resulting from a 618 day period of UA. You
were sentenced to confinement at hard labor for 11 months,
reduction to paygrade E-1, forfeiture of all pay and allowances,
and a bad conduct discharge (BCD). On 6 November 1973 you
submitted a written request for immediate execution of the BCD.
Subsequently, the BCD was approved at all levels of review, and
on 12 November 1973, 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 and desire to upgrade your discharge so that you may
obtain veteran’s benefits. Nevertheless, these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct which resulted in
three NUJPs and a GCM for a lengthy period of UA from the Marine
Corps. Finally, the Board noted your request for immediate
execution of the BCD. 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,
LW Naf
Executive
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