DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD. SUITE 1001
ARLINGTON, VA 22204-2490
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Docket
15 August 2012
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This is in reference to your application for corre
naval record pursuant to the provisions of title
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 14 August 2012. Your allegations of error and
injustice were reviewed in accordance with admin ative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the a
plication, together with all material
support thereof, your naval record and applicab
regulations and policies.
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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 injustice.
You enlisted in the Marine Corps and entered active duty on 5
July 1967. You received nonjudicial punishment on two occasions
and were convicted by three summary courts-martial and one
special court-martial (SPCM). Your offenses were six periods of
unauthorized absence (UA) totaling 77 days. The sentence at your
SPCM included a bad conduct discharge (BCD) . On 11 January 1971,
after appellate review, you received the BCD.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, Vietnam
combat service, remorse, post service good conduct, and
honorable service in the Indiana Army National Guard. However,
the Board concluded that your BCD should not be changed due to
your periods of UA totaling over two months. You are advised
that no discharge is upgraded due solely to the passage of time
or post service good conduct. In view of the above, your
application has been denied. The names and votes of the weuweis
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 1s on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
WXaiang
WwW. DEAN
Executive Di ctor
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