DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 1548-12
5 December 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 4 December 2012. 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 29 June 1967 at age 17 and
immediately began a period of active duty. You served without
disciplinary infraction until 12 January 1968, when you began a
period of unauthorized absence (UA) that was not terminated until
9 February 1968. During the period from 12 February 1968 to 22
April 1968 you escaped confinement, were in a UA status on three
more occasions, and declared a deserter. As a result, on 21 July
1969, you were convicted by general court-martial (GCM) of two
specifications of desertion for two periods of UA totalling 376
days, two periods of UA totalling 74 days, escaping from
confinement, and failure to obey a lawful order. You were
sentenced to confinement at hard labor for two years, reduction
to paygrade E-1, forfeiture of all allowances and pay anda
dishonorable discharge (DD). On 25 February 1970 you submitted a
written request for clemency, specifically, a reduction in
confinement, mitigation of the DD, and the issuance of a general
discharge. Nonetheless, your request was denied. Subsequently,
the DD was approved at all levels of review, and on 3 November
1970, you were so d ischarged.
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. It also
considered your assertion of inadequate legal representation.
Nevertheless, these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive and lengthy periods of UA from the Navy and
other offenses. Finally, there is no evidence in the record, and
you submitted none, to support your assertion of inadequate legal
representation. 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. DEAN "PFE
Oo
Executive D
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