DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 10303-08
31 August 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 25 August 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 29 December 1970. On 28 March
1972 you were tried and convicted by special court-martial
(SPCM) of two periods of unauthorized absence (UA) totaling 175
days. On 14 August 1975, after consulting with a military
lawyer you requested that the Marine Corps issue you an_
undesirable discharge in order to avoid court-martial for four
additional periods of UA totaling 571 days, three of which were
terminated by apprehension. Your request was granted thereby
allowing you to avoid being sentenced to a bad conduct discharge
and a substantial period of confinement at hard labor. Your
record also reflects that during one of these last periods of UA
you were arrested by civil authorities in Badin, North Carolina
and subsequently convicted of possession of marijuana.
In its review of your application the Board concluded that in
view of your repeated and lengthy periods of UA your discharge
was proper as issued and should not be changed now as a matter
of clemency. In this regard the Board believed considerable
clemency was extended to you when Marine Corps officials granted
your request for administrative separation in lieu of a court-
martial.
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,
WwW. DEAN PFE SF
Executive Dil
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