DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
ep ans WASHINGTON DC 20370-5100
cas SJN
Docket No: 06525-10
21 April 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 cf 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 19 April 2011. 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 27 April 1967. The Board noted that on 20 September
1967, you began a period of unauthorized absence (UA) that lasted
47 days, ending on 6 November 1967. On 7 November 1967, you
began another period of UA which caused your commanding officer
to declare you a deserter. On 18 December 1967, while still ina
deserter status, you were apprehended by civil authorities and
convicted on 4 April 1968 of aggravated battery. You were
sentenced to two to nine years in prison. Subsequently, your
commanding officer recommended that you receive an undesirable
discharge by reason of unfitness. At that time you were in the
hands of civil authorities. You were notified of pending
administrative separation action and waived your rights to
consult counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your case was forwarded,
and on 21 ‘May 1970, the separation authority approved the
recommendation for an undesirable discharge. You were s0
discharged on 2 June 1970.
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 your period of UA and conviction by civil
authorities of a serious offense. Finally, the Board noted that
you waived the right to an ADB, your best chance for retention or
a better characterization of service. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
Ls regretted that the circumstances of your case are such that
pravorable 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.
Lt.
Sincerely,
Na oP
W. DEAN PFE
Executive Di
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