DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 01517-08
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 Reserve in January 1973, and
served without disciplinary incident until 27 February 1975, when
you were convicted at a special court-martial (SPCM) for
unauthorized absence (UA), which ended when you surrendered to
military authorities.
In addition, upon your return to military jurisdiction you were
referred to another SPCM due to additional absences. On 12 June
1975, you requested, through counsel, to be administratively
separated in lieu of a trial by SPCM for the good of the service.
On 3 July 1975, the separation authority approved the
recommendation and directed a discharge under other than
honorable (UOTH) conditions with an RE-4 reenlistment code, and
on 16 July 1975, 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, post service conduct, and the passage of time.
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 P
Executive D tor
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