DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 5117-13
24 June 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 17 June 2014. 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 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 5 October 1970. The Board found that on 17 June and
25 August 1971, you received nonjudicial punishment (NUP) for
disobedience and disrespect. On 24 April 1972, you were
convicted by special court-martial (SPCM) of 160 days of
unauthorized absence (UA). On 22 June 1972, you received a third
NIP for disrespect, disobedience, drunk and disorderly conduct,
and being absent from your appointed place of duty. on
3 November 1972 and 13 February 1973, you were convicted by SPCM
of 87 days of UA and three specifications of failing to go to
your appointed place of duty. As a result of your last SPCM, you
were sentenced to confinement, a forfeiture of pay, and a bad
conduct discharge (BCD). However, on 13 June 1973, the Navy
Clemency and Parole Board remitted your BCD and directed that you
be separated with a general discharge. You were so discharged on
-27 June 1973.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and desire to upgrade your discharge. Nevertheless,
based on the information currently contained in your record,
the Board concluded these factors were not sufficient to warrant
' recharacterization of your discharge given your three NJP's and
three SPCM convictions, two of which were for lengthy periods of
UA. The Board believed you were fortunate to receive a general
characterization of service in light of your misconduct and no
further relief is warranted. 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,
RS, EA
ROBERT D. ZSALMAN
Acting Executive Director
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