DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 11685-1410
25 August 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 23 August 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 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 22 June 1973 at age 19 and
immediately began a period of active duty. You served for about
four months without disciplinary incident. However, on 8 October
1973, you began a period of unauthorized absence (UA) that was
mot terminated until 18 December 1973. Om 22 January 1974 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 period of UA totalling 64 days. However, your
request was denied and the charge was referred for trial by
court-martial. Shortly thereafter, on 7 February 1974, you were
convicted by special court-martial (SPCM) of the foregoing 64 day
period of UA and sentenced to confinement at hard labor for two
months, a $434 forfeiture of pay, and a bad conduct discharge
(BCD). On 11 April 1974 you submitted a written request for
immediate execution of the BCD, stating in part, that you could
mot adjust to military life and if returned to duty, you would
again go UA. Subsequently, the BCD was approved at all levels of
review and on 15 August 1974 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 and desire to upgrade your discharge. Nevertheless,
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your lengthy
period of UA from the Marine Corps. 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,
Lo Dear
W. DEAN PF
Executive x or
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