DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 01189-08
23 September 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 23 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps in December 1967 and served
without disciplinary incident until 4 September 1969, when you
were convicted in civilian court on charges of larceny and were
sentenced to 30 days in the county jail.
Shortly thereafter, on 31 March 1970, you were convicted at a
special court-martial for an unauthorized absence (UA) of
approximately seven months. On 9 May 1970, you received
nonjudicial punishment (NJP) for the possession of an illegal
substance, and on 20 July 1970, you received another NJP for the
possession of marijuana and stolen property.
In August 1971, you were UA and on 4 October 1971, you were
declared a deserter. You were apprehended by civilian
authorities in California and returned to military jurisdiction.
In January 1972, you were recommended for separation under other
than honorable (UOTH) conditions to avoid trial by court-martial.
In February 1979, the separation authority approved the
recommendation and directed an UOTH discharge, and on 2 February
1979, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct. 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, ;
W. DEAN PFE R
Executive D tor
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