DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 00878-12
1 November 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 24 October 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 12 June 1967, at age 19. On 25 March 1969, you received
nonjudicial punishment (NUJP) for being in an unauthorized
absence (UA) status for ten days, and failure to obey a lawful
order. On 29 October 1969, you were convicted by a general
court-martial (GCM) of wrongfully appropriating an M-14 rifle,
assaulting a fellow Marine, and two incidents of assault with
intent to commit murder. You were sentenced to forfeitures of
‘all pay and allowances, reduction in pay grade, confinement for
eight years, and a dishonorable discharge (DD). The discharge
authority directed the execution of your DD. On 23 November
1971, after appellate review, you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your overall record,
and Vietnam combat service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your record of an NUP, and a conviction
by GCM of very serious offenses. 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,
~ 1 ED ee
ROBERT D, LMAN
Acting Executive Director
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