DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
ES
Docket No: 5171-14
3 August 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
24 June 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 reenlisted in the Marine Corps on 10 July 1970, after more
than two years of prior satisfactory service, and continued to
serve without disciplinary infraction. On 9 July 1976, at the
expiration of your enlistment, you were discharged under
honorable conditions after serving for eight years and 28 days.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to change your discharge date and the letter from
the Jerusalem Consulate General of the United States of America
provided in support of your desire. Nevertheless, the Board
concluded that your request to change your discharge date to
reflect 19 July 1976, because although you were technically
released from active duty on 9 July 1976, you did not depart
Jerusalem with official orders until 19 July 1976, is without
merit. In this regard, the Board concluded that the record
correctly reflects your discharge date as calculated in
accordance with regulatory guidelines. 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.
Singeyely
ROBERT J. *’NEILL
Executive Director
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