DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAWAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 6298-14/
12499-11
17 October 2014
pear Wi
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 15 October 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
che Board consisted of your application, together with ail
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 2¢ January 1970. You served for about five months
without disciplinary incident, but during the period from 25 July
1970 to 20 December 1971, you received nonjudicial punishment
(NJP} on five occasions and were convicted by ‘summary court-
martial and special court-martial... Your offenses were
disobedience, failure. to go ‘to-your appointed place of duty,
assault, and.86- days of unauthorized absence. -
Although you were originaliy: processed. for separation by reason
of unfitness due to’ frequent involvement of a discreditable
nature with military authority and received an other than
honorable discharge, on 22 June 1977, your discharge was upgraded
to general under honorable conditions, ‘under the Department of
Defense (DoD) Special Discharge Review Program (SDRP).
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your general discharge and assertion of a
post-traumatic stress disorder. Nevertheless, the Board
concluded these factors were not sufficient.to warrant relief in
your case because of the seriousness of your repeated misconduct
and since your characterization of service was subsequently
‘ upgraded by DoD SDRP. 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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