DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

FC
Docket No: 1108-04
29 July 2004

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 21 July 2004. 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 that the evidence submitted was insufficient to establish the existence of probable material error or rj.s~uirn

The Board found that you enlisted in the Marine Corps on 11 September 1973 at the age of 18. You served without incident until 16 June 1976, when you received nonjudicial punishment (NJP) for sleeping on post. You were awarded a reduction to paygrade E-2. On 29 November 1976 you received a second NJP for five instances of failure to be at your appointed place of duty, and sleeping on post. You were awarded a reduction to paygrade E-1, restriction and a suspended forfeiture of pay.

On 17 March 1977 you were convicted by special court martial (SPCM) of conspiring with other enlisted personnel to commit larceny of government property in the amount of $6,322.54, five instances of larceny, and three instances of unlawful entry. You were sentenced to confinement at hard labor for three months and a bad conduct discharge (BCD). The convening authority approved the findings but reduced the period of confinement to one month.

On 28 April 1977 you waived the right to request restoration to duty and requested the immediate execution of the BCD. On 6 May 1977 you were placed on appellate leave. After appellate review, on 12 January 1978 you received a BCD.

In its review of your case, the Board carefully weighed all potentially mitigating factors such as your youth, and the length of time that has passed since you were discharged from the Marine Corps. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge because of your conviction by SPCM for the serious offenses of conspiracy, larceny and unlawful entry, and the other misconduct that resulted in two NJPs. 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,

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