DEPARTMENT OF THE NAVY 

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

Docket No: 2960-16 
APR 17 2017 

Dear 

This is in reference to your application for correction ofyour naval record pursuant 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 4 January 2017. 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, 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 17 June 1974. On 24 July 
1975, you received nonjudicial punishment (NJP) for two periods ofunauthorized absence 
totaling 35 days. On 26 November 1975, you were convicted by general court-martial of escape 
from lawful custody and assault. You were sentenced to a bad conduct discharge, confinement 
for 13 months, and forfeiture of$285. On 7 July 1976, the Naval Clemency and Parole Board 
denied a request for restoration, but reduced your period of confinement and forfeitures to 10 
months. Subsequently, on 30 July 1976, you were discharged with a bad conduct 
characterization of service. 

The Board, in its review ofyour entire record and application, letters ofrecommendations, and 
your contention that you were supposed to receive a general under honorable characterization of 
service based upon a conversation during your board review 
concluded that these factors were not sl.lfticient to warrarttrecharacterization of your discharge 
given your misconduct and conviction by a court-martial. Additionally, the Board did not find 
evidence ofan error :or injustice that warrants changing the discharge you received. 
Accordingly, your application has been denied. 

It is regrettable 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. New evidence is evidence not previously considered by the Board. 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 ofan official naval record, the burden is 
on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 


Executive Director