DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 $. COURTHOUSE ROAD, SUITE 1601
ARLINGTON, VA 22204-2490
TAL
Docket No: 2807-13
21 February 2014
‘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 12 February 2014. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 18 July 1966 at age 18. You received nonjudicial | .
punishment (NJP) on two occasions for failure to obey a lawful
order and insubordinate conduct toward a noncommissioned
officer. On 17 June 1969, you were convicted at general court-
martial (GCM) of committing an act of sodomy by force upon
another Marine and assault of a Marine with intent of committing
sodomy. The sentence imposed was confinement at hard labor, a
forfeiture of pay, reduction in paygrade and a bad conduct
discharge (BCD). On 9 June 1970, you received the BCD after
appellate review was complete.
The Board, in its review. of your ‘application, carefully weighed - :
‘all potentially mitigating factors, such as your youth, Vietnam -
combat service and overall record of service. Nevertheless, the
'. Maval record,’
Board found that these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
“your misconduct that resulted in two NUPs and a GCM. Finally,
no discharge is automatically upgraded due to the passage of
time or an individual's good behavior after discharge. oo
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
the burden is on the applicant to demonstrate the
existence of. probable material error or injustice.
Sincerely,
ROBERT D. ZSALMAN
Acting Executive Director
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