DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 1873-12
5 December 2012
This igs 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 28 November 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 8 January 1964 at age 18. On 15 September 1965 you
received nonjudicial punishment (NIP) for unauthorized absence
(UA) from your unit. On 27 January 1966, you were convicted by
summary court-martial (SCM) of UA from your unit for a period of
29 days. On 31 August 1966, you were convicted by special
court-martial (SPCM) of UA from your unit for a period of
27 days. The sentence imposed was confinement, and a forfeiture
of pay. On 11 January and 7 February 1967, you received NJP for
failure to obey a lawful regulation and failure to go to
appointed place of duty. On 11 July 1967, you were convicted by
SPCM of UA from your unit for a period of 43 days. The sentence
imposed was confinement, a forfeiture of pay and a bad conduct
discharge (BCD). The reviewing authority suspended the BCD for
a period of six months. On 30 October 1967, you were again UA
from your unit for a period of 94 days, until you surrendered to
civilian authorities in Saginaw, Michigan, on 1 February 1968.
On 15 March 1968, the separation authority vacated your
suspended BCD, and on 25 March 1968, you were 50 discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, Vietnam
service and overall record of 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 three NJPs, a SCM, two SPCMs
and periods of UA totaling over six months. Finally, although
the BCD was suspended for six months, it was vacated due to your
continued 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,
. Wadia enate Daw bets
‘wy Naaaar id
Executive Ditect
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