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NAVY | BCNR | CY2012 | 07468-12
Original file (07468-12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

TAL
Docket No: 7468-12
10 May 2013

 

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 8 May 2013. 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 15 June 1965, at age 17. You received nonjudicial
punishment (NJP) on seven occasions for six instances of
unauthorized absence (UA) from your unit for a period totaling
18 days, breaking restriction and two instances of failure to go
to your appointed place of duty. You were notified of pending
administrative discharge processing with a general discharge due
to unsuitability. You were afforded all of your procedural
rights including the opportunity to submit a statement on your
behalf. The separation authority approved and directed that you
be discharged with a general characterization of service. On

23 December 1966 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant a change in your
characterization of service given the seriousness and
repetitiveness of your misconduct that resulted in seven NUPs.
The Board noted that you were fortunate to receive a general
characterization of service, since Marines who have committed
misconduct such as yours normally receive other than honorable
discharges. 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,

\ aeons

Executive D

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