DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 3946-09
26 March 2010
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 23 March 2010. 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 ail
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 11 January 1973 at age 18.
You served without disciplinary incident until 2 July 1973, when
you began a period of unauthorized absence (UA) that was not
terminated until you were apprehended on 5 July 1973. On 7 July
1973 you began another period of UA that was not terminated until
31 July 1973.
In September 1973 you submitted a sworn statement regarding the
foregoing periods of UA. You stated, in part, that while in a UA
status you provided support for your mother, You further stated
that you understood the serious nature of a bad conduct discharge
(BCD), but if you were returned to duty, you would again go UA
because you could not adjust to military life. Shortly
thereafter, on 7 September 1973, you were convicted by special
court-martial (SPCM) of two periods of UA totalling 27 days. You
were sentenced to confinement at hard labor for 45 days, a $50
forfeiture of pay, and a BCD. However, in October 1973, the BCD
was suspended for six months.
On 12 January 1974 you began a 12 day period of UA that was not
terminated until you were apprehended by civil authorities on 24
January 1974. The record reflects that there was no disciplinary
action taken for this period of UA. However, as a result of this
misconduct, the suspended BCD was approved at all levels of
review and ordered to be executed. Subsequently, on 25 March
1974, 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. Nevertheless,
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your repeated periods
of UA from the Marine Corps and declaration to continue going UA
if returned to duty. 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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