DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 7347-09
1 June 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 27 May 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 19 February 1970 at age 18, On 30 October 1970, you
received nonjudicial punishment (NJP) for unauthorized absence
(UA) from your unit for a period of ten days. On 1 February
1971, you were convicted of a 56 day period of UA from your unit.
You were notified of pending administrative discharge processing
under honorable conditions. You waived all of your proceduralis
rights, including your right to an administrative discharge board
(ADB). On 12 March 1971, you received the generai discharge.
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 found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in periods of UA totaling 66 days. The Board also
believed that you were fortunate to receive a general discharge
Since a separation under other than honorable conditions is often
directed when a Marine is separated for misconduct. The Board
noted that you waived the right to an ADB, your best chance for
retention or a better characterization of service. Finally, no
discharge is upgraded merely because of the passage of time.
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,
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