DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 7912-13
12 September 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 26 August 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 30 June 1969. You served without disciplinary infraction
until 30 October 1970, when you began a period of unauthorized
absence (UA). Nearly a year later, on 21 October 1971, you were
apprehended by civil authorities and held in confimenent pending
trial for a charge of larceny. As a result, on 23 May 1972, you
were convicted by civil authorities of larceny and sentenced to
confinement for seven months. However, the sentence was
adjudicated as time served and you were returned to military
custody, thus terminating your period of UA.
On 6 July 1972 you were convicted by special court-martial (SPCM)
' of a 570 day period of UA and sentenced to confinement at hard
labor for four months, a $600 forfeiture of pay, reduction to
paygrade E-1, and a bad conduct discharge (BCD). Subsequently,
the BCD was approved at all levels of review and on 30 October
1972 you were discharged.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertions that you
were not afforded any assistance from military authorities in
regard to your civil conviction and that your civil conviction
was dismissed. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your lengthy period of UA
and convictions by SPCM and civil authorities. Finally, there is
no evidence in the record, and you provided none, to support your
assertions. 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.
i this regard, it is *ifmportant to keep in mind that a
ER eeeaeh of regulatity attaches to all official records.
sequently, when applying for a correction of an official naval
recora, the burden is on the applicant to demonstrate the
exigtence of probable material error or injustice.
Sincerely,
ROBERT J. O'’NETLL
Executive Director
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