DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD?JN
2 NAVY ANNEX
WASHINGTON DC 20370-5100 Docket No: 02337—05
21 October 2005
This is in reference to your application for correction of your naval
record pursuant to the provisions of Title 10 of the United States Code,
section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting
in executive session, considered your application on 19 October 2005. 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, your
naval record, and applicable statutes, regulations, and policies.
After careful and conscientious consideration of the entire record, the
Board found the evidence submitted was insufficient to establish the
existence of probable material error or injustice.
You enlisted in the Marine Corps on 22 January 1969 at age 17. On 4 June
and 8 September 1970 you received nonjudicial punishment (NJP) for two
periods of unauthorized absence (UA) totaling about 27 days and
disobedience. On 17 November 1970 you were convicted by summary court-
martial (SCM) of a 30-day period of UA. You received 30 days confinement
at hard labor and forfeitures of pay.
Based on this disciplinary record you were processed for an administrative
discharge by reason of unfitness. You elected to waive the rights to have
your case heard by a board of officers. On 18 November 1970 the commanding
officer recommended an undesirable discharge by reason of unfitness. On 16
December 1970 the discharge authority directed an undesirable discharge.
You were so discharged on 22 December 1970.
The Board, in its review of your entire record and application, carefully
weighed all potentially mitigating factors, such as your youth. However,
the Board found that these factors were not sufficient to warrant
recharacterization of your discharge due to your disciplinary record
consisting of two NJP’s and a SCM for offenses that included UA’s totaling
nearly two months. Accordingly, your application has been denied. The names
and votes of the members of the panel will be furnished upon request.
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 of new and material evidence or other matter 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 of probable
material error or injustice.
Sincerely,
2
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