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NAVY | BCNR | CY2013 | NR6801 13
Original file (NR6801 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

BUG
Docket No: 6801-13
23 July 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 23 July 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 that 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 26 April 1978. You received nonjudicial punishment on
nine occasions and were convicted by a special court-martial and
a. general court-martial (GCM). Your offenses included wrongful
possession of marijuana (two instances), unauthorized absence
(six periods totaling 86 days), absence from your appointed place
ef duty (seven instances), disobeying a lawful order, wrongful
possession of a concéaled weapon, wrongful possession of
firearms, larceny (three instances), and unlawful entry. The
sentence at your GCM included a bad conduct discharge (BCD). On
12 June 1984, after appellate review, you received the BCD.

In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, remorse,
family issues, and current desire to upgrade your discharge.
However, the Board conciuded that your BCD should not be changed
‘due to your numerous acts of serious misconduct. You are ,
advised that no discharge is upgraded due solely 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,
1 BD tm

ROBERT D. ZSALMAN
Acting Executive Director

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