DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 03256-12
26 February 2013
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 20 February 2013. 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 and began a period of active
duty on 24 January 1977. The Board found that during the period
from 19 November 1977 to 18 October 1978, you received four
nonjudicial punishments (NJP's) for five periods of unauthorized
absence (UA), three instances of disobedience, disrespect and
failure to go to your appointed place of duty. On 12 December
1978, you were convicted by special court-martial (SPCM) of the
use of disrespectful language, sleeping on post, leaving your
post before being properly relieved, two specifications of being
arunk and disorderly, two instances of larceny, entering
government property with the intent to commit larceny and six
days of UA. You were sentenced to confinement at hard labor, a
forfeiture of pay, and a bad conduct discharge (BCD). During the
period from 3 April to 11 July 1979, you received four additional
NIP'’s for six periods of UA and breaking restriction. You
received the BCD on 9 April 1990 after appellate review was
completed.
-.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
based on the information currently contained in your record,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your eight NJP's and
SPCM conviction of serious offenses. Accordingly, your
application has been denied.
With regard to receiving credit for your overseas service, your
request is for an administrative correction which does not
require action by this Board, but falls under the cognizance of
the Department of Navy, Navy Personnel Command (BUPERS), Code
Pers-312, 5720 Integrity Drive, Millington, Tennessee 38055-3120.
You may submit your request to PERS-312.
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 Duyecto
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