DEPARTMENT OF THE NAVY.
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
RDZ:ecb
Docket No. 10505-08
14 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 11 August 2009. Your ailegations 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 at age 20 for a term of four
years on 6 August 1974. Unfortunately you only served a little
over one year and five months when you received an other
honorable discharge (OTH) due to your frequent acts of |
misconduct. Specifically between February 1975 and March 1976
you received two nonjudicial punishments and were convicted by
special court-martial. Your offenses were four periods of
unauthorized absence totaling 127 days. When you were informed
that you were being recommended for an OTH based on your
disciplinary record you waived your right to a hearing where you
would have been represented by a military lawyer and. could have
requested either retention or a better discharge.
In its review of your application the Board concluded that in
view of your frequent unauthorized absences, some of which were
‘lengthy, as well as your apparent willingness to accept an OTH
your discharge was proper as 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 cannot be taken. You are entitled to have
jhe 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,
Executive Dil
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