DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS .
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3733-09
28 July 2009.
This is in reference to your request for further consideration of
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 15 July 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Boara. 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.
The Board found that you enlisted in the Marine Corps on 25
January 1968. A special court-martial convened on 4 February
1969 and found you guilty of an unauthorized absence of 205 days
and failure to obey a lawful order. On 18 February 1969 you
proke restriction and you were declared a deserter on 4 March
1969. On 17 December 1969 you were convicted by civil
authorities of passing a forged check and sentenced you to
confinement for two years.
On 13 May 1970 your commanding officer recommended that you be
separated with an undesirable discharge by reason of unfitness
due to civil conviction. After review by the discharge
authority, the recommendation for separation was approved and you
were discharged on 16 October 1970 with an undesirable discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
record of service, and the contention that you were not a
deserter. The Board found those factors imsufficient to warrant
recharacterization of your discharge, given the nature and
severity of your military and civilian offenses. 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,
DEAN Pre
Executive
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