DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL REGORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 6612-09
30 April 2010
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 28 April 2010. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 28 July 1967 at age 17. On 24 May 1968, you received
nonjudicial punishment (NUP) for unauthorized absence (UA) from
your unit for a period of 34 days. On 17 June 1968 you were UA
until you surrendered on 5 March 1975, a period of 2,902 days.
On 7 March 1975, you requested an other than honorable (OTH}
discharge pursuant to the provisions of the Presidential
Proclamation 4313 of 16 September 1974. Subsequently, your
request was approved and you were granted an OTH discharge and
enrolled in the Reconciliation Service Program. It was
determined that you were to complete 23 months of alternate
service. On 1 August 1976 you were terminated from the
reconciliation service program due to nonparticipation.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in over six years of UA, request for discharge pursuant
to the provisions of the Presidential Proclamation 4313 and
failure to satisfactorily complete the 23 months alternate
service. 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,
Mon Gh)
W. DEAN T
Executive tor
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