DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JRE
Docket No. 5993-12
9 October 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of 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 4 October 2012. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You served on active duty in the Marine Corps from 7 January
1974 to 24 February 1976, when you were discharged under other
than honorable conditions for the good of the service in lieu
of trial by court-martial for an unauthorized absence of a
duration in excess of 450 days. You completed 11 months and
8 days of creditable service, and with 494 days time lost.
There is no indication in the available records that you were
unfit for duty by reason of physical disability that was
incurred or aggravated while you were entitled to basic pay in
the Marine Corps. You would not have been entitled to
disability retirement of separation even if you had been unfit
for duty because your discharge for the good of the service would
have taken precedence over disability evaluation processing.
Accordingly, and as you have not demonstrated that you were
discharged in error or that it would be in the interest justice
to upgrade your discharge, your application has been denied.
The names and votes of the members of the panel will be furnished
upon request.
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. Inthis 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,
eS, nai
ROBERT D. ASALMAN
Acting Executive Director
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