DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DG 20370-5100 pooper No; 1428-07
30 April 2008
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 29 April 2008. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps on 19 September 1968 at age 18.
The record shows that you then served without disciplinary
infractions for about 14 months. During this period, you served
in Vietnam from 17 April to 21 December 1969, participated in
numerous combat operations and were awarded the Combat Action
Ribbon.
On 27 December 1969 you received nonjudicial punishment (NJP) for
an unauthorized absence of about eight hours and possession of a
false liberty card. On 14 August 1970 you were convicted by a
summary court-martial of an 11 day period of unauthorized
absence.
On 29 December 1970 you arrived in Vietnam and subsequently
participated in combat operations. You left Vietnam on 10 May
1971. While in Vietnam, you received NUJP for an absence from
your appointed place of duty and disobedience.
During the period from 9 to 20 July i971 you received nonjudicial
punishment on three occasions. Your offenses were an
unauthorized absence of about two days and two absences from your
appointed place of duty. Subsequently, you were an unauthorized
absentee for about two days for which there is no disciplinary
periods of unauthorized absence and other offenses. It is clear
that you knew the consequences of your actions but continued to
commit misconduct. The Board concluded that the discharge was
proper as issued and no change is warranted.
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,
ROBERT D.~ZSALMAN
Acting Executive Director
NO
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