DEPARTMENT OF THE NAVY.
BOARD FOR CORRECTION GF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 3950-14
2 April 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
18 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 10 January 1972. You served for eight months without
disciplinary incident, but during the period from
7 September 1972 to 11 June 1974, you received nonjudicial
punishment (NUP) on two occasions and were convicted by special
court-martial (SPCM). Your offenses were unauthorized absence
(UA), assault and failure to go to your appointed place of duty:
On 5 June 1975, you were again convicted by SPCM of two instances
of UA from your unit for a period totaling 117 days, assault,
resisting apprehension and burglary. The sentence imposed was
confinement, a forfeiture of pay, reduction in paygrade and a bad
conduct discharge (BCD). On 5 February 1976, you received a 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 assertions and 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 repeated misconduct. Finally, there is no
provision of law or in Marine Corps regulations that allows for
recharacterization of service due solely to the passage of time.
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. ‘NEILL
Executive Director
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