DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 04500-14
17 November 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 13 November 2014. 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 on 5 February 1975. About five
months later, on 11 July 1975, you received nonjudicial
punishment (NJP) for a one day period of unauthorized absence
(UA). On 5 January 1977, you were convicted by a summary court-
martial (SCM) of two periods of UA totaling 85 days, and on 29
January 1977, you received NJP for two periods of UA totaling
116 days.
On 22 February 1978, you received NUP for a seven day period of
UA. Five months later, on 11 July 1978, you were convicted by a
special court-martial (SPCM) of two periods of UA totaling 78
days, and was sentenced to a $530 forfeiture of pay, reduction
in pay grade, confinement for two months and a suspended bad
conduct discharge (BCD). However, on 21 December 1978, the BCD
was vacated and on 6 March 1979, you were so discharged.
The Board, in its review of your application, considered all
potentially mitigating factors present in your case, such as
your record of service and post service diagnoses of post-
traumatic stress disorder. Nevertheless, the Board found those
factors insufficient to warrant changing the characterization of
your discharge given your record of NJPs and convictions by SCM
‘and SPCM. 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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