DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 5470-13
10 July 2014
' 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 8 July 2014. 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 reenlisted in the Marine Corps on 31 December 1974, after
serving over three years of honorable service. Your record is
incomplete, in that it does not contain the documentation
pertaining to your discharge. However, it appears that on
21 April 1977, you began a period of unauthorized absence (UA).
You remained in an absentee status until 22 May 1977, when your
commanding officer (CO) declared you a deserter. Although the
record is incomplete, it appears that you remained in a deserter
status until you were discharged in absentia under other than
honorable conditions on 1 February 1984. At that time, you were
assigned an RE-4 (not recommended for retention) reenlistment
code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such'as your prior honorable
service and desire to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant a
change in your discharge given your deserter status that appears
to have lasted over six years. Accordingly, your application has
been denied. The names and votes of the members of the panel
will be furnished upon request.
_iIt is regretted that the circumstances of your case are such that
y 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.
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| (Seek S
ROBERT D SALMAN
Acting Executive Director
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