DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BIG
Docket No: 2708-14
12 August 2014
ay
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. Your previous case, docket
number 2460-11, was denied on 22 November 2011.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 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, and the Board's file on your prior
case,
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 19 November 1968. You received nonjudicial punishment
on two occasions and were convicted by special court-martial
{SPCM). Your offenses included absence from your appointed
place of duty and five periods of unauthorized absence (UA)
totaling 118 days. The sentence at your SPCM included a bad
conduct discharge (BCD). On 10 May 1972, you received the BCD
after appellate review.
The Board considered all potentially mitigating factors, such as
your youth and service in Vietnam. However, the Board concluded
that your discharge should not be upgraded due to your periods
of UA totaling almost four months. You are advised that a
current diagnosis of post-traumatic stress disorder does not, in
and of itself, require the Board to upgrade the characterization
of your discharge. The Board recommended that you contact your
local office of the Department of veterans Affairs and make it
aware of your medical issues. Finally, you are advised that the
mere passage of time or post service good conduct do not require
that a discharge be upgraded. In view of the above, the Board
. woted to again deny relief. 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,
eo D. CA
ROBERT D.~ZSALMAN
Acting Executive Director
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