DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 8014-08
24 June 2009
Dea PMMA 0: '
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 17 June 2009. The names and votes of the
members of the panel will be furnished upon request. 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 on 6 November 1969 at age 17.
You served without disciplinary infraction until 26 March 1970,
when you began a period of unauthorized absence (UA) that was not
terminated until you were apprehended by civil authorities on 6
August 1971. During this period of UA you were also declared a
deserter. On 28 October 1971 you were convicted by special
court-martial (SPCM) of the foregoing 477 day period of UA. You
were gentenced to confinement at hard labor for three months,
reduction to paygrade E-1, and a bad conduct discharge (BCD).
On 2 February 1972 you began a 232 day period of UA that was not
terminated until you were apprehended by civil authorities on 24
September 1972. The record does not reflect the disciplinary
action taken for this misconduct. Nonetheless, the BCD was
approved at all levels of review and on 20 October 1972 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 and desire to upgrade your discharge. It also
considered your assertion that the discharge had been changed as
a result of clemency or amnesty. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your BCD because of the seriousness of your
repetitive and lengthy periods of UA from the Marine Corps.
Accordingly, your application has been denied.
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,
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