DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 10.01 
ARLINGTON, VA 22204-2490 

Docket No: 11198-16 
APR 12 2018 

Dear : 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions ofTitle 10, United States Code, Section 1552. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence 
submitted was insufficient to establish the existence of probable material error or injustice. 
Consequently, your application has been denied. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sjtting in executive session, 
considered your application on 14 February 2018. The names and votes ofthe members ofthe 
panel will be furnished upon request. Your allegations oferror and injustice were reviewed in 
accordance with administrative regulations and procedures applicable to the proceedings ofthis 
Board. Documentary material considered by the Board consisted ofyour application, together 
with all material submitted in support thereof, relevant portions ofyour naval record, and 
applicable statutes, regUlations, and policies. 

You enlisted in the Marine Corps and began a period ofactive duty on 30 April 1971. On 
2 August 1972, you sustained an open fracture of your proximal right tibia with extensive soft 
tissue loss in a motorcycle accident and werel!dmitted to the hospital. In December 1972 you 
were released from the hospital and assigned to six months Limited Duty that excused you from 
physical training, physical fitness tests, running, jumping, formations, and athletics programs. 
You were assigned to follow up care at bi-weekly intervals in the orthopedic clinic for cast 
checks and _fracture evaluations. Six months after your accident during the period from 
27 February 1973 to 28 March 1973, you received nonjudicial punishment (NJP) on two 
occasions for unauthorized absence (UA) from your unit for periods totaling two days and failure 
to go to your appointed place ofduty. On 21 April 1973, you were admitted to the hospital for 
cellu!itis and drainage from your fracture site. Ort 30 April 1973, you were released from the 
hospital and placed on a rehabilitation status. You were allowed to go on special liberty on 2 
May 1973 and did not return. You received NJP on two occasions from 6 June 1973 and 
14 June 1973 for failure to obey a general written regulation and failure to obey a lawful order. 
On 5 December 1974, you were convicted by special court-martial ofUA for periods totaling 
I01 days, failure to go to your appointed place ofduty, insubordinate conduct toward a 
noncommissioned officer and assault. The sentence imposed was confinement at hard labor, a 
forfeiture ofpay, reduction in paygrade, and a bad conduct discharge (BCD). While awaiting the 
completion ofthe appellate review, you were in a UA status on two additional occasions totaling 
561 days. On 7 September 1976, you received the BCD after appellate review was complete. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating facfors, such as desire to upgrade your discharge and contention that you were not 
given enough time for your leg to heal, your Dad tried to get you a medical discharge, you went 
UA because you could do your duties without extreme pain, and all the Marine Cotps had to do 
is let you properly heal. The Board concluded these factors were not sufficient to warrant relief 
in your case because ofthe seriousness ofyour misconduct that resulted in four NJPs, a SPCM, 
and periods ofUA totaling over a year and nine months. Additionally, applicable regulations 
state, in part, that even ifa Marine is processed for separation by reason ofa medical or mental 
condition, ifthe Marine meets the requirements ofanother reason, such as misconduct, the· 
Marine will be separated for the latter reason. The Board in it review discerned no impropriety 
or inequity in your discharge. 

Regarding your concern about eligibility for healthcare whether or not you are eligible for 
benefits is a matter under the cognizance ofthe Department ofVeterans Affairs (DVA), and you 
should contact the nearest office ofDVA concerning your right to apply for benefits. Ifyou have 
been denied benefits, you should appeal that denial under procedures established by the DVA. 

Itis regretted that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
Tu this regard, it is important to keep in mind that a presumption ofregularity 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director