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

Docket No: 1630-17 
JUN 1 0 2018 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of Title 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 of limitations and consider your application on its merits. A threemember 
panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 22 May 2018. 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 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. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding ofthe issue(s) 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence of record. 

You enlisted in the Marine Corps on 3 April 1967. During the period from 6 December 1967 to 
14 February 1968, you received two non-judicial punishments (NJP) for theft ofa television, 
being out of uniform and three specifications of disobeying a lawful order. On 26 May 1968, 
you were convicted by general court-martial (GCM) of the following offenses: wrongful 
possession of $100.00 in US currency after arriving in Vietnam, wrongful possession of 100 
cigarettes containing marijuana, and four specifications of disrespect to a superior officer. You 
were sentenced to confinement for 18 months, forfeiture of all pay, and a bad conduct discharge 
(BCD). After the BCD was approved at all levels of review, on 12 March 1969, you were 
discharged. 

The Board carefully weighed all potentially mitigating factors, such your desire to upgrade your 
discharge and contentions that you did not receive a fair court-martial because you were tried by 
all white officers not your peers and you were mistreated by whites. However, the Board found 
that these factors were not sufficient to warrant relief in your case because of the seriousness of 
your misconduct, which resulted in a GCM conviction and your discharge from the Marine 
Corps. In regard to your contention that you did not receive a fair court-martial due to being 
tried by a jury composed ofall white officers, the Board noted that the record clearly shows that 
the Navy Board of Review reviewed your case and affirmed the decision. The Board also noted 
that the United Stated Court of Military Appeals denied your request for an appeal. In regards to 
the contention that you were mistreated by whites, the Board noted that there is no evidence in 
your record, and you submitted none, to support your contention. 

It is 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. 

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 ofprobable material error or injustice. 

Sincerely, 

Executive Director