DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 01694-1121
10 January 2012
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 5 January 2012. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Décumentary material considered by the Board consisted of
your application, together with ail 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 entered active duty in the Marine Corps on 2 May 1967, and
served without incident until 5 August 1967, when you received
nonjudicial punishment (NUP) for sleeping on post. In late
February 1968, you entered an unauthorized absence (UA) status.
On 23 April 1968, you were apprehended by the Federal Bureau of
Investigation and returned to military jurisdiction. On 29 April
1968, you were convicted at a summary court-martial for UA in
excess of three months. Additionally, on 26 July 1968, you pled
guilty and were convicted in civil court of forgery. Therefore,
you were recommended for separation with an other than honorable
(OTH) discharge due to civil conviction. You waived your right
to consult with counsel and request an administrative discharge
board (ADB). The separation authority approved the
recommendation and on 19 September 1968, you were separated with
an OTH discharge and an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and claim that while ina military hospital you were
unduly influenced by people who were using drugs and alcohol.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge due to
the serious nature of your civil conviction and lengthy period of
UA. Accordingly, your application has been denied. The names
and votes of the members of the panel will be furnished upon
request.
It ig 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,
Nuss
W. DEAN PB
Executive chor
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