DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 2085-14
26 February 2015
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 24 February 2015. 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, began a period of active duty
on 4 May 1967, and served until 14 September 1967, the beginning
of your first period of unauthorized absence (UA). As a result
of -this disciplinary infraction,-on-24 April 1968, you were
convicted by special ‘court-martial (SPCM) -of a 271 day period of
UA.
On 5 June 1969, you were again convicted by SPCM of two periods
of UA totalling 366 days and breaking restriction. You were
sentenced to confinement at hard labor for.six months, a $438
forfeiture of pay, and a bad conduct discharge (BCD), which was
suspended for six months. However, two months later, on 26
August 1969, you were convicted by SPCM of a 60 day period of UA.
As a'result, the suspended BCD was remitted and subsequently
approved at all‘levels of review, and on 24 Décember 1969, you
were so discharged.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertion of being
granted clemency by your commanding officer. Nevertheless, the
Board concluded these factors were not sufficient to warrant
relief in your case because of the seriousness of your repetitive
and lengthy periods of UA which resulted in three SPCMs and a
BCD. 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
within one year from the date of the Board's decision. 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,
ROBERT J. O’NETILL
Executive Director
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