DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 3609-14
7 Aoril 2015
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
31 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 oF
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 16 August 1972. During the period from 1 August 1973 to
2 August 1974, you received seven nonjudicial punishments (NUJPs) .
On 25 October 1974, you were convicted by special court-martial
of wrongful possession of marijuana and larceny. you were
sentenced to confinement at hard labor, a forfeiture of pay, a
reduction in paygrade, and a bad conduct discharge (BCD). You
received the BCD on 23 April 1975 after appellate review was
completed.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service medical issues ana desire to upgrade your
discharge. Nevertheless, based on the information currently
contained in your record, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your seven NIJP’s and SPCM conviction of serious offenses.
Accordingly, your application has been denied.
Tt 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.
Sincerel
ROBERT J. O'NEILL
Executive Director
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