DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 5645-14
1 June 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
22 May 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, began a period of active duty
on 5 July 1973, and served without disciplinary incident for
about 10 months. However, on 18 May 1974 and again on
5 November 1974, you received nonjudicial punishment (NJP) for
conspiracy to commit black-marketing and unauthorized absence
(UA) from your appointed place of duty. During the period from
28 February 1975 to 28 August 1975, you were convicted by two
special courts-martial (SPCM) and one summary court-martial
(SCM) of willful disobedience of a command, willful disobedience
of a lawful order, being disrespectful in language, and 36 days
of UA.
On 24 September 1975, you were convicted by SPCM of failure to
go to your appointed place of duty and assault. You were
sentenced to confinement at hard labor for five months,
forfeiture of $150.00 pay per month for four months, and a bad
conduct discharge (BCD). The BCD was subsequently approved at
all levels of review, and on 11 June 1976, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, desire to upgrade your discharge, and
your assertion that you suffered a traumatic head injury while
serving in the Marine Corps. 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 misconduct which
resulted in two NUJPs, an SCM and three SPCMs. With regard to
your assertion, the Board noted that there is no evidence in
your record, and you submitted none, to support your assertion
that you suffered a traumatic head injury while you were in the
Marine Corps. 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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