DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 00173-08
7 October 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 2 October 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 2
August 1971. You underwent a pre-separation physical
examination on 24 August 1972, and were found physically
qualified for separation. You were separated from the Marine
Corps on 14 December 1973 with a bad conduct discharge, pursuant
to the approved findings and sentence of a special court-martial
that convicted you of two periods of unauthorized absence, and
escaping from custody. You completed a total of 7 months and 1
day of creditable service during the 2 August 1971-14 December
1973 period. You accumulated more than 500 days time lost
during that period.
The available records do not demonstrate that you were unfit for
duty by reason of physical disability at any time during your
enlistment. You would not have been entitled to disability
separation or retirement in any case, because your bad conduct
discharge would have taken precedence over disability evaluation
processing. Accordingly, and as you have not demonstrated that
it would be in the interest of justice for the Board to upgrade
your discharge to general or honorable, 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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W. DEAN PFE
Executive
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