DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100, ORS
Docket No: 5859-09
29 June 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 24 June 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 on 22 January 1974, and reported
for initial active duty for training (ACDUTRA) on 30 January
1974. On 24 March 1974, you were arrested by civil authorities on
charges of burglary and larceny, and you remained absent in the
hands of civil authorities until 26 July 1974. That period is
considered time lost, and is not creditable for any purpose. You
were released from active duty on 16 August 1974 and transferred
to the Marine Corps Reserve, having completed only two months and
fifteen days of creditable service. You were not entitled to be
retained on active duty until such time as you had completed the
full 130 day period of initial ACDUTRA specified in your orders.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
Tt 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,
. ¥
Wahl,
Executive Di
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