DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 12004-09
11 August 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 10 August 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Marine Corps on 29 July 1972. You received
nonjudicial punishment (NJP) on three occasions and were
convicted by special court-martial. Your offenses included
absence from your appointed place of duty (two specifications),
failure to obey a lawful order (five specifications), failure
to go to your appointed place of duty, and unauthorized absence
(two specifications totaling 11 days). You were notified that
your commanding officer was recommending you for administrative
separation with an other than honorable (OTH) discharge due to
unfitness. You waived all of your procedural rights, including
your right to an administrative discharge board (ADB). On 12
November 1974, you received an OTH discharge due to unfitness,
and were assigned an RE-4 (not recommended for retention)
reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
desire to upgrade your discharge. The Board concluded that
your discharge should not be upgraded due to your misconduct.
The Board found that you waived your right to an ADB, your best
opportunity for retention or a better characterization of
. service. In view of the above, your application has been
#denied. The names and votes of the members of the panel will
gee furnished upon request .
t. RS
ou are advised that the President Ford era alternate service
proclamation applied to unauthorized absence and draft evasion
offenses to avoid service in Vietnam. You are also advised
that it granted no benefits by the Department of Veterans
Gi fairs ‘aa ¥
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,
RS |
Ww. morsels
Executive D or
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