DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 00575-12
7 November 2012
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 6 November 2012. 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 2 November 1967. The Board found that he
received three nonjudicial punishments (NJP’s) for two instances
of disobedience, dereliction of duty, having an unclean uniform,
and three days of unauthorized absence (UA). On 7 June 1969, he
was convicted by summary court-martial (SCM) of having an unclean
rifle. He was sentenced to a forfeiture of pay and restriction.
On 11 June 1970, he was convicted by special court-martial (SPCM)
of two periods of UA totaling 115 days, the last period ending in
his apprehension. He was sentenced to a period of confinement at
hard labor and a bad conduct discharge (BCD). On 26 August 1970,
he waived his right to request restoration to full duty stating,
in part, that he requested discharge due to family matters, to
start a better life, to help himself and his family, and that the
Marine Corps would benefit. On 14 September 1970, he received a
fourth NUP for one day of UA. On 30 September 1970, he received
the BCD after appellate review was completed.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as his youth, Vietnam
combat service, post service accomplishments, character letters,
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 four NJP’s, and SCM
and SPCM convictions for periods of UA totaling over three
months. 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,
for ROBERT D. ZSALMAN
Acting Executive Director
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