DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX :
WASHINGTON DC 20370-5100 JRE
Docket No. 06880-08
ll May 2009
This 1s 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 30 April 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 ali 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.
The Board found that you enlisted in the Marine Corps on 13
November 1968. You received nonjudicial punishment on three
occasions and were convicted by court-martial for multiple
unauthorized absence offenses. A letter filed in your service
record indicates that you were absent without authority because
of your to return home to support your family. You underwent a
pre-separation physical examination on 22 January 1973 and were
found physically qualified for separation. You were discharged
under other than honorable conditions on .22 January 1973 upon
the acceptance of your request for discharge for the good of the
service in lieu of trial by court-martial for an unauthorized
absence from 8 June to 15 November 1972.
The Board was not persuaded that your unauthorized absences were
caused by or related to undiagnosed posttraumatic stress
disorder, or that you were unfit for duty by reason of physical
disability at the time of your discharge. It noted that even if
you had been unfit for duty, you would not have been entitled to
Gisability, separation or retirement, as a discharge for the good
of the service would have taken precedence over disability
evaluation processing. ‘
In view of the foregoing, and as you have not demonstrated that
it would be in the interest of justice for the Board to upgrade
your discharge, 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. ALMAN
Acting Executive Director
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