DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 00532-08
29 September 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 25 September 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 late husband enlisted in the Marine Corps on 24 November
1967 at age 17. He was on unauthorized absence (UA) from 6 May
to 31 May 1968 when he was delivered to the Marine Corps by
civil authorities who had apprehended him for certain crimes he
committed while he was UA. On 17 June 1968 he received
nonjudicial punishment (NJP) for disobedience. He received a
second NJP on 17 July 1968 for being UA from 23 June to 31 July
1968 and breaking restriction. On 24 October 1968 he was tried
and convicted by summary court-martial for being UA from 7
August to 12 September 1968. Based on his disciplinary record
he received an undesirable discharge on 30 December 1968. Your
late husband's record also shows during his periods of UA he
engaged in numerous acts of car theft, one act of petty theft,
one act of forgery and one act of malicious mischief.
Furthermore, in a written report from civil authorities in
Torrance, California to Marine Corps officials dated 5 September
1968 your late husband made it clear that he wanted to be
discharged from the Marine Corps and that he would continue to
go UA and commit other crimes to achieve this end. A copy of
this report is enclosed.
In its review of your application the Board took into account
all matters in extenuation and mitigation such as his youth.
Nevertheless in view of your late husband’s repeated and serious
offenses committed in both the civilian and military communities
he was properly separated with an undesirable discharge and it
should not be changed now as a matter of clemency.
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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