DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS :
Docket No: 9855-07
5 May 2008
States Code section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 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.
The Board found that you enlisted in the Marine Corps on 16
December 1970. On 12 January 1972 you received nonjudicial
punishment for a two day period of unauthorized absence. You
were absent without authority from 12 August 1972 to 16 April
1975 and from 28 April 1975 to 13 July 1984, a total of 4329
days. On 21 September 1984 you were discharged under other than
honorable conditions by reason of misconduct/commission of a
serious offense, based on your absences without leave of almost
twelve years duration.
The Board carefully weighed all potentially mitigating factors
present in your case, such as your youth, drug dependence, and
belief that you were exposed to Agent Orange. The Board concluded
that those factors were insufficient to warrant the upgrade of
your discharge given your lengthy periods of unauthorized absence
and limited period of creditable service. 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,
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