DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecbh
Docket No. 02680-08
15 May 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 12 May 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 began active duty in the Marine Corps on 19 February 1974 at
age 18. Between June and October of 1974 you received four
nonjudicial punishments. Your offenses were illegal gambling,
breaking restriction, absence from appointed place of duty on
three occasions, failure to obey a lawful order and two periods
of unauthorized absence (UA) totaling 25 days.
On 4 January 1975 you began a 45 day period of UA. Upon your
return you were placed in the brig to await trial by court-
martial. You escaped from the brig and began another period of
UA that lasted 327 days. After you returned to the Marine Corps
you submitted a handwritten letter to the Marine Corps
requesting, in effect, that you be given clemency for these two
periods of UA which totaled 372 days. Specifically, after
conferring with a military lawyer, you asked that you be
administratively awarded an other than honorable discharge (OTH)
in lieu of trial by court-martial where you could receive a bad
conduct discharge and a substantial period of confinement at
hard labor. The Marine Corps granted your request and you
received an OTH on 20 February 1976.
In its review of your application the Board concluded that in
view of the prolonged period of your last two UAs as well as
your prior disciplinary record your discharge was proper as
issued and should not be changed now as a matter of clemency.
In this regard the Board believed that the Marine Corps showed
you leniency when it granted your request not to be court-
martialed.
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,
ROBERT D.~#“#SALMAN
Acting Executive Director
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