PEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 7490-09
i1 June 2010
This is in reference
naval record pursuan
States Code, Section 1552.
to your application for correction of your
t to the provisions of Title 10, United
1 of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 June 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 all
material submitted in support thereof, your naval record, and
applicable statutes, regulations, and policies.
A three-member pane
record, the Board found t
to establish the existence of pro
injustice.
bable material error or
Corps on 11 March 1968 at agé 17 and
served for about seven months without disciplinary incident.
However, on 2 October 1968, you received nonjudicial punishment
(NIP) for a 14 day period of unauthorized absence (UA).
You enlisted in the Marine
On 7 March 1969 you were convicted by civil authorities of
trespassing and sentenced to a $25 fine. Shortly thereafter, on
27 March 1969, you received NUP for an eight day period of UA.
On 18 December 1969 you were convicted by special court-martial
(spcM) of failure to obey 4 iawful order and a 143 day period of
UA. You were sentenced to confinement at hard labor for three
months, restriction for 60 days, reduction to paygrade E-1, anda
$150 forfeiture of pay.
On 14 February 1970 you began another period of UA that was not
civil authorities on li
terminated until you were apprehended by
April 1970. The record does not reflect the disciplinary action
taken, if any, for this 56 day period of UA.
Subsequently, you were processed for an administrative separation
by reason of unfitness due to frequent involvement of a
discreditable nature with military and/or civilian authorities.
After waiving your procedural rights to legal counsel and an
administrative discharge board (ADB), your commanding officer
recommended discharge under other than honorable conditions by
reason of unfitness due to frequent involvement of a
discreditable nature with military authorities as evidenced by
your record of NJPs and a SPCM. The discharge authority approved
this recommendation and directed your commanding officer to
discharge you under other than honorable conditions by reason of
misconduct, and on 12 June 1970, you were 50 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. 1t also
considered your assertion that you were a victim of a breach of
contract with the Marine Corps because of promises made by
recruiters. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your repeated misconduct in both
the military and civilian communities, and your repetitive and
lengthy periods of absence from the Marine Corps. Finally, there
4g no evidence in the record, and you submitted none, to support
your assertion. 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,
,
W. DEAN T
Executive tor
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