DEPARTMENT OF THE NAY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00466-13
23 October 2013
This is in reference to your application for correction of your
late husband’s 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. 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 late husband's 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.
Your late husband enlisted in the Marine Corps and began a period
of active duty on 24 September 1979. The Board found that during
the period from 6 November 1979 to 4 February 1981, he was
convicted by two special courts-martial (SPCM’s) of six periods
of unauthorized absence (UA), failing to go to his appointed
place of duty, and disobedience. Additionally, he receaved four
nonjudicial punishments (NJP’s) for failing to go to his
appointed place of duty, two instances of disobedience, three
periods of UA, breaking restriction, and urinating on another
Marine's wall locker, and was convicted by summary court-martial
(SCM) of six instances of failing to go to his appointed place of
duty, and two instances of UA. As a result of his second SPCM,
he was sentenced to a bad conduct discharge (BCD). He received
the BCD on 1 September 1981 after appellate review was completed.
The Board, in its review of his record and your application,
carefully weighed all potentially mitigating factors, such as his
record of service and your desire to upgrade his discharge.
Nevertheless, based on the information currently contained in his
record, the Board concluded these factors were not sufficient to
warrant recharacterization of his discharge given his two SPCM’'s,
four NUP’s and conviction by SCM. Accordingly, your application
has been denied.
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,
\p Read
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