DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 332-12
27 September 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 26 September 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 11 January 1965 at age 17. On 29 March 1967, you
received nonjudicial punishment (NJP) for missing ship’s
movement and failure to go to your appointed place of duty. On
24 March 1968 you were convicted by special court-martial (SPCM)
of willfully disobeying a lawful order to join the movement to
combat, an order given by a superior commissioned officer. The
sentence imposed was confinement, a forfeiture of pay and
reduction in paygrade. On 7 July 1968, you were again convicted
by SPCM of willfully disobeying a lawful order to rejoin your
platoon, an order given by a superior commissioned officer. The
sentence imposed was confinement, a forfeiture of pay, and a bad
conduct discharge (BCD). On 6 December 1968, you received the
BCD after appellate review.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
Vietnam combat service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in your trial by two SPCMs. 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,
Executive O
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