DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 1571-16 

FEB 01 2017 

Dear 

This is in reference to yoj application for correction ofyour naval record pursuanl to the 
provisions oftitle 10 ofthe 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 oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 8 November 2016. The names and votes ofthe members ofthe 
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 ofthis 
Board. Documentary material considered by the Board consisted ofyour application, together 
with all material submitted in support thereof, your naval record, and applicable statutes, 
regulations, and policies. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. 

You enlisted in the Marine Corps and began a period ofactive duty on 27 January 1971. During 
the period from 28 June 1971 to 30 November 1972, you received two nonjudicial punishments 
(NJP) for the following offenses: being absent from your appointed place ofduty, on multiple · 
occasions; and unauthorized absence (UA) for seven days. You were also convicted by 
summary court martial (SCM) ofUA for two days and failure to obey a lawful order. On 5 
January 1973, you were convicted by a general court-martial (GCM) ofbeing UA for a period 
totaling 283 days. You were sentenced to confinement for nine months, forfeiture ofpay, 
reduction to E-1, and a bad conduct discharge (BCD). On 16 April 1973, the convening 
authority suspended the BCD for the duration of your enlistment. On 11 February 1974, you 
were convicted by special court martial (SPCM) ofUA for 163 days. You were sentenced to 
confinement for five months, forfeiture ofpay, and a BCD. The sentence was approved at alI 
levels. On 30 August 1974 you were discharged with a Bad Conduct characterization of service. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your desire to upgrade your discharge, your assertion that your 
punishment was too harsh, and your assertion that you served honorably prior to your discharge. 
However, the Board found that these factors were not sufficient to warrant relief, given your 
misconduct. In this regard, the Board concluded that your two NJPs, SCM, SPCM, and GCM 
convictions were sufficient to warrant the issuance of a BCD and, as such, outweighed your 
desire to upgrade your discharge. Accordingly, your application has been denied. 


It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. 

You are entitled to have the Board reconsider its decision upon submission ofnew and material 
evidence within one year from the date ofthe 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 ofregularity attaches to all official records. 

Consequently, when applying for a correction ofan official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director