DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecbh
Docket No. 00730-08
11 March 2009
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 10 March 2009. 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 17 April 1963 for a term of
four years. Unfortunately you served less than three years of
which nearly one year was lost time made up of several periods
of unauthorized absence (UA) and confinement at hard labor.
More specifically on 20 October 1964 you were convicted by
special court-martial (SPCM) of nearly 80 days of UA. Shortly
after serving a period of four months of confinement at hard
labor you began another period of UA that lasted nearly 50 days.
For this offense you received a second SPCM and received a
sentence that included a bad conduct discharge and four months
of confinement. When you were released from the brig and
awaiting appellate review of your second conviction you again
went UA on two separate occasions. You received your bad
conduct discharge on 22 March 1966.
In its review of your application the Board concluded that in
view of your lengthy periods of UA, which occurred close in time
to each other, and your subsequent misconduct while awaiting
appellate review your discharge was proper as issued and 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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