DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 13178-09
16 September 2010
one
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 14 September 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.
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 on 8 July 1975 at age 19 and
served for about three months without disciplinary infraction.
However, on 15 October 1975 you began a period of unauthorized
absence (UA) that was not terminated until 26 May 1976. During
this period of UA you were declared a deserter. Shortly
thereafter, on 5 June 1976, you began another period of UA that
was not terminated until 15 June 1976. On 19 July 1976 you
submitted a written request for an other than honorable discharge
for the good of the service to avoid trial by court-martial for
the foregoing periods of UA totalling 234 days. On 27 July 1976
your request was denied and the UA charges were referred for
trial by court-martial.
On 5 August 1976 you were convicted by special court-martial
(SPCM) of two periods of UA totalling 234 days and sentenced to
confinement at hard labor for two months, a $480 forfeiture of
pay, and a bad conduct discharge (BCD). On 4 October 1976 you
submitted a written request for immediate execution of the BCD,
stating in part, that you felt that you could no longer be of
further value to the Marine Corps, and that you had a job waiting
for you upon your release from duty. Subsequently, the BCD was
approved at all levels of review and on 8 April 1977 you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, explanation regarding the circumstances which
resulted in your discharge, and desire to upgrade your discharge.
Tt also considered your assertion of being provided with
inadequate counsel. Nevertheless, these factors were not
Qrricient to warrant recharacterization of your discharge
because of the seriousness of your repetitive and lengthy periods
of UA from the Marine Corps. Finally, there is no evidence in
the record, and you submitted none, to support your assertion of
being provided with and/or represented by inadequate counsel.
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. DE
Executiv ector
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