DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 2360-14
19 March 2015
Dear
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.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits...A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
11 March 2015. 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 27 April 1970. You served for three months without
disciplinary incident, but during the period from 7 August 1970 |
to 6 September 1972, you received nonjudicial punishment (NJP) on
four occasions and were convicted by a summary court-martial.
Your offenses were failure to obey a lawful order and two periods
of unauthorized absence (UA) totaling 27 days. On
19 October 1972, you were convicted by special court-martial of
wrongful possession of marijuana. The sentence imposed was
confinement, a forfeiture of pay and a bad conduct discharge
(BCD). On 2 November 1973, you received the BCD after appellate
review was complete.
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. Nevertheless, the Board
concluded these factors were not sufficient to warrant relief in
your case because of the seriousness of your misconduct.
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 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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