DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
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Docket No: 7585-13
13 August 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 12 August 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 1 April 1969. You received nonjudicial punishment on
five occasions and were convicted by a summary court-martial and
two special courts-martial (SPCM). Your offenses included
absence from your appointed place of duty (three instances),
conduct prejudicial to good order and discipline, unauthorized
absence (six periods totaling 68 days), breaking restriction
(four instances), disobeying a lawful order (two instances), and
disrespect. The sentence at your second SPCM included a bad
conduct discharge (BCD). On 19 March 1973, 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, Vietnam
combat service, character reference letters, and current desire
to upgrade your discharge to receive veterans’ benefits.
However, the Board concluded that your BCD should not be changed
due to your numerous acts of 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
YoF, the panel will -be furnished upon request.
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Itiis 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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