DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 6063-13
26 June 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 24 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 24 September 1974. You served for about three months
without disciplinary incident, but during the period from 11
December 1975 to 23 July 1975, you received nonjudicial
punishment (NJP) on four occasions and were convicted by summary
court-martial (SCM). Your offenses were four specifications of
disobedience, three periods of absence from your appointed place
of duty, disorderly conduct, and wrongful possession of
marijuana.
On 9 December 1976 you were convicted by special court-martial
(SPCM} of theft and sentenced to confinement at hard labor for 90
days, an $800 forfeiture of pay, reduction to paygrade E-1, anda
bad conduct discharge (BCD). Subsequently, the BCD was approved
at all levels of review, and on 12 January 1977, you were so
discharged. ,
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct and desire to upgrade your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct, which included
drug abuse and resulted in four NJPs and two courts-martial
convictions. 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,
ROBERT D. ~ZSALMAN
Acting Executive Director
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