DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 9017-13
25 September 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 September 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 navai 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 24-May 1968. You received nonjudicial punishment and.
were convicted by a special court-martial (SPCM). Your offenses
included five periods of unauthorized absence (UA) totaling 249
days and breaking restriction (two instances). ‘The sentence at
_ your SPCM included a bad conduct discharge (BCD). On 6 April
1970, 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,
allegation that you were granted clemency, and current desire to
upgrade your discharge. However, the Board concluded that your
BCD should not be changed due to your UA periods totaling more
than eight months and other misconduct. You are advised that no
discharge is upgraded due solely to the passage of time or post
service good conduct. Regarding your allegation, the Board
found no evidence in your record to support it and you provided
no such evidence. 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
evidence within one year from the date of the Board's decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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 J. O’ NEILL
Executive Director
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