DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 3839-13
6 March 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 5 March 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. The Board also considered the report —
of the Naval Discharge Review Board (NDRB) dated 21 June 1983, a
copy of which is attached.
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 a period of active
duty on 8 March 1971. You received nonjudicial punishment on ©
two occasions and were convicted by a summary court-martial and
a special court-martial (SPCM). Your offenses included six
periods of unauthorized absence (UA) totaling 230 days.. Your
sentence at the SPCM included a bad conduct discharge (BCD). On
_ 25 October 1973, after appellate review, you received the BCD. —
1
The Board, in its review of your entire record, carefully
considered all potentially mitigating factors, such as your
youth, post service good conduct, and current desire for
. veterans’ benefits. Nevertheless, the Board. concluded that
these factors were not sufficient to warrant upgrading your
discharge in light of your periods of UA totaling more than
Seven months. You are advised that no discharge is
automatically upgraded due merely 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,
a Am Q
. _ ROBERT D, f
Acting Executive Director
Enclosure
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