DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10131-07
19 August 2008
This is in reference tb your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, settion 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 August 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary matlerial considered by the Board consisted
of your application, tdgether with all material submitted in
Support thereof, your nlaval record and applicable statutes,
regulations and policies.
After careful and conschentious consideration of the entire
record, the Board found] that the evidence submitted was
insufficient to establith the existence of probable material
error or injustice.
The Board found that yow served on active duty in the Marine
Corps from 28 December 1976 to 4 October 1978, when you were
discharged under other than honorable conditions, pursuant to
your request for dischayge for the good of the service in lieu
of trial by court-martial for the offense of unauthorized
absence from 20 January |1978 to 15 July 1978.
The Board could not flnd any indication in your record that you
were unfit for duty by reason of physical disability at the time
of your discharge. Ik noted that you would not have been
entitled to disabilit separation or retirement even if you had
been unfit for duty, vecause your discharge for the good of the
service would have taken precedence over and precluded
disability evaluation processing. In addition, the Board was not
persuaded that it crap be in the interest of justice for it to
upgrade your discharge to general or honorable, given the
serious nature of yout offense, and the absence of significant
Matters in extenuatiom or mitigation thereof. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be ffurnished 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 ilts decision upon submission of new and
material evidence or dther matter not previously considered by
the Board. In this ragard, it is important to keep in mind that
a presumption of regullarity 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,
W. DEAN PFE
Executive DilrdacWo
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