DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 7585-10
27 May 2011
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 24 May 2011. 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 polic.es..
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 18 April 1967 at age 17. You
served without disciplinary incident until 7 May 1968, when you
received nonjudicial punishment (NJP) for assault. About eight
months later, on 8 November 1968, you received NJP for a 16 day
period of unauthorized absence (UA). On 7 December 1968 you were
referred for an evaluation to determine your fitness for duty.
You were diagnosed with a character and behavior disorder as
evidenced by your emotionally unstable personality and
recommended for an administrative separation.
On 5 February 1969 you began a period of UA that was not
terminated until your were apprehended by civil authorities,
specifically, the Federal Bureau of Investigation on 7 May 1969.
During this period of UA you were also declared a deserter.
However, the entry of desertion was removed from the record and
the period of UA was referred for trial by court-martial. On 23
May 1969 you were convicted by special court-martial (SPCM) of a
91 day period of UA and sentenced to reduction to paygrade E-1
and confinement at hard labor for four months. Subsequently, you
were processed for an administrative separation by reason of
unsuitability due to the diagnosed character and behavior
disorder. The discharge authority directed discharge under
honorable conditions, and on 19 September 1969, you were issued a
general discharge.
Character of service is based, in part, on conduct and
proficiency averages which are computed from marks assigned
during periodic evaluations. Your conduct average was 3.6. An
average of 4.0 in conduct was required at the time of your
separation for a fully honorable characterization of service.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to remove your periods of UA from your
record which also includes the entry regarding desertion.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case. You are advised that
the entry regarding the “mark of desertion” is not reflected in
your record, and there is sufficient evidence to support keeping
your lengthy period of UA, for which you were convicted by SPCM,
in the record. 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,
ly Qn
W. DEAN PF
Executive r zr
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