DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ,
WASHINGTON DC 20370-5100
RDZ:ech
Docket No. 06545-08
29 October 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 27 October 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 30 January 1964 for a term
of four years. Between May of 1965 and December of 1966 you
received one nonjudicial punishment and were convicted by one
special court-martial and two summary court-martials. Your
offenses were four periods of unauthorized absence (UA) totaling
27 days, breaking straggler’s orders and sleeping on post. On 9
February 1967 you received a second special court-martial for 28
days of UA and breaking straggler’s orders. Your punishment for
these last offenses included four months of confinement at hard
labor and a bad conduct discharge (BCD). On 24 April 1967 you
waived restoration to duty. and requested that BCD be issued.
In view of the frequency and almost continuous nature of your
offenses as well as the length of several of your UA‘'s and your
waiver of restoration to duty the Board concluded that your
discharge was properly 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 camnot 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,
\Qoek
W. DEAN PFERE
Executive Dit .
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