DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 3616-13
13 December 2613
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 4 December 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 25 July 1969 at age 17. On 7 July 1971, you were
convicted by summary court-martial (SCM) of unauthorized absence
(UA) from your unit for a period of two days. You received
nonjudicial punishment (NJP) on four occasions for three
instances of UA from your unit for a period totaling 20 days and
failure to obey a lawful order. On 1 March 1973, you were
convicted by special court-martial (SPCM) of two instances of UA
from your unit for a period totaling 299 days. The sentence
imposed was confinement, a forfeiture of pay, reduction in
paygrade, and a bad conduct discharge (BCD). On 15 November
1973, you received the BCD after appellate review was complete.
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 recharacterization
ef your discharge given the seriousness of your misconduct that
resulted in one SCM, four NUPs, an SPCM and periods of UA that
totaled over 10 months. Finally, there is no provision of law
or in Marine Corps regulations that allows for
recharacterization of service due solely to the passage of time.
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,
bo hu.~Ze
W. DEAN PFE
Executive D oO
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