DEPARTMENT OF THE NAVY 

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

Docket No: 1301-17 

JUN 2 0 2018 

This is in reference to your application for correction of your naval record pursuant to the 
provisions ofTitle 10 ofthe 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, sitting in executive session, 
considered your application on 30 April 2018. The names and votes ofthe 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 ofthis 
Board. Documentary material considered by the Board consisted of your 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 9 September 1970. On 
7 March 1971, you received nonjudicial punishment (NJP) for 11 days of unauthorized absence 
(UA). On 10 October 1973, you were convicted by special court-martial (SPCM) of five 
specifications of UA totaling 309 days. You were sentenced to confinement at hard labor, a 
forfeiture of pay, a reduction in paygrade, and a bad conduct discharge. You received a BCD on 
27 March 1974. 

You requested that the Board consider changing your characterization ofservice stating that 
enough time has passed for your mistake, you are a patriotic citizen, have not been in any 
trouble, and want your rights restored. The Board carefully weighed all potentially mitigating 
factors, such as your record of service and desire to upgrade your discharge. Board concluded 
these factors were not sufficient to warrant recharacterization of your discharge given your 
misconduct that resulted in NJP and a SPCM conviction for periods ofU A totaling over 10 
months. 

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 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 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 of probable material error or injustice. 

Sincerely,