DEFARTMENT OF TRE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00437-13
23 October 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 22 October 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 24 April 1967. The Board found that on 15 February 1968,
you were convicted by special court-martial (SPCM) of three
specifications of unauthorized absence (UA) totaling 85 days,
disobedience and breaking restriction. You were sentenced to
confinement at hard labor, a forfeiture of pay and a bad conduct
discharge (BCD). . On 20 February 1968, the convening authority
approved the sentence. However, on 7 March 1968, the supervisory
authority approved the sentence but suspended your BCD for the
period of confinement and six months thereafter. On 24 April
1969, you received nonjudicial punishment (NTP) for disobedience.
On 17 duly and 17 December 1970, you were convicted by summary
court-martial (SCM) of using disrespectful language,
disobedience, and being out of uniform. Subsequently,
administrative discharge action was initiated and it was
recommended that you receive an undesirable discharge by reason
of unfitness. You were notified of pending administrative
separation action. You elected to have your case heard by an
administrative discharge board (ADB), which recommended that you
be discharged from the service with an undesirable discharge due
to unfitness. Your case was forwarded and you received an
undesirable discharge on 12 February 1971.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, Vietnam
service and desire to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your SPCM, and the
fact that you were given an opportunity for retention and to earn
a better characterization of service when your BCD was suspended
for one year. Additionally, you received NJP’s and were
convicted by two SCM’s during your probation period and time of
war. 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,
\oaan 4 |
Executive ctor
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