DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 231-12
LS October 2012
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 3 October 2012. 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 injustice.
You enlisted in the Marine Corps and entered active duty on 30
August 1963. You received nonjudicial punishment on three
occasions and were convicted by a summary court-martial. Your
offenses included three periods of unauthorized absence totaling
43 days, absence from your appointed place of duty, and conduct
prejudicial to good order and discipline. On 8 March 1967, you
were convicted by general court-martial, in accordance with your
guilty plea, of unlawfully killing a fellow Marine through
culpable negligence. Your sentence included a bad conduct
discharge (BCD). On 11 October 1967, you received the BCD after
appellate review.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, Vietnam
service, and character reference letters. However, the Board
concluded that your BCD should not be changed due to your
serious acts of misconduct. 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 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,
ROBERT D. ZSALMAN
Acting Executive Director
Copy to:
Victor Kelley, Esq.
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