DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
761 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 |
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Docket No: 4564-13
22 April 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 16 April 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 13 September 1972 at age 18. On 26 April 1974, you
received nonjudicial punishment (NJP) for unauthorized absence
(UA) from your unit for a period of four days. On 18 December
1974, you were convicted by general court-martial (GCM) of
insubordinate conduct toward a noncommissioned officer by
striking him with your fist and with you boot covered foot in
the torso, and assault by using force likely to cause grievous
bodily harm. The sentence imposed was confinement, a forfeiture
of pay, reduction in paygrade and a bad conduct discharge (BCD).
On 29 April 1977, 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 and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in an NUP and a-GcM. Finally, there is no provision of
law or in Marine Corps regulations that allows for
recharacterization of service due solely to the passage of time.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon
request. = (4S
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,
“TS —
ROBERT D. ALMAN
Acting Executive Director
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