DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7Ot S. COURTHOUSE ROAD, SUITE 106001
ARLINGTON, VA 22204-24990
CRS
Docket No: 8243-13
11 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 6 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.
The Board found that you enlisted in the Navy on 11 August 1966.
On 5 December 1967 you received nonjudicial punishment for an
unauthorized absence.
On 29 August 1968 a special court-martial convened and found you
guilty of the theft of an M-60 machine gun, and sentenced you to
confinement at hard labor for six months, forfeiture of $48.50
per month for six months, and a bad conduct discharge (BCD).
You were separated with a BCD on 19 March 1969.
In its review of your application the Board carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and the contention that the sentence you
received from the court-martial was unfair and unjust. The
Board concluded that those factors were insufficient to warrant
recharacterization of your service, given the serious nature of
your misconduct, which ultimately resulted in your discharge.
This Board only has authority to review a court-martial sentence
for clemency. The Board found the sentence in your case was
appropriate considering the serious nature of your offense.
Accordingly, 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,
: een S x sp
ROBERT D. GSALMAN
Acting Executive Director
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