DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 03094-08
12 February 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 February 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 1 February 1971 at age 18. On 20 July and 4 November
1971, you were convicted by two summary courts-martial (SCM) of
five periods of unauthorized absence (UA) totaling 73 days, and
two specifications of breaking restriction.
On 17 November 1971, you were processed for an administrative
discharge by reason of unfitness. You elected to waive the right
to have your case heard by a board of officers. On 22 November
1971, your commanding officer recommended an undesirable
discharge by reason of unfitness. On 15 December 1971, the
Separation authority directed an undesirable discharge. You were
so discharged on 30 December 1971.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such a; your youth and
Overall record of service. Nevertheless, the board found that
these factors were not sufficient to warrant recharacterization
of your discharye given your record of two SCM’s for offences
that included over two months of UA and breaking restriction.
The Board also noted that you waived the right to have your case
heard by a board of officers, your best chance for retention or a
better characterization of service. 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,
Inds
W. DEAN PFE
Executive Direc
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