_ DEPARTMENT OF THE NAVY
BOARD FOR GORRECTION OF NAVAL REGORDS
701 § COURTHOUSE ROAD, SUITE 100%
ARLINGTON, VA 22204-2490
BJG
Docket No: 9266-13
16 October 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 15 October 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 3 October 1268. vou received nonjudicial punishment on
Four occasions and were convicted by a special court-martial
(SPCM). Your offenses included six periods of unauthorized
absence (UA) totaling 226 days, failure to obey a lawful order,
ang: conduct prejudicial to good order and discipline (three
instances). The sentence at your SPCM included a bad conduct
discharge (BCD). On 8 October 1971, 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, combat
service in Vietnam, alcohol abuse, 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
seven months and other misconduct. Regarding your allegation
that you suffered from stress Gue to your Vietnam service, the
Board found that you provided no medical diagnosis, and
concluded that even if it did exist, it did not excuse your
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 name¢ 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
evidehce 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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