DEPARTMENT OF THE NAVY
        BOARD FOR CORRECTION OF NAVAL RECORDS
				2 NAVY ANNEX
					    WASHINGTON DC 2O370~51OO

										        CRS
Docket No: 9717-05
23 January 2007

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 18 January 2007. 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.

The Board found that you enlisted in the Marine Corps on 14 August 1967. The record reflects that you received nonjudicial punishment and were convicted by a special court-martial. The offenses included an unauthorized absence of 134 days and violation of a lawful general regulation.

A second special court-martial convened on 1 February 1971 and found you guilty of an unauthorized absence of 78 days, failure to obey a lawful order and disrespect. The court sentenced you to confinement at hard labor for three months, forfeitures of $115 per month for three months, and a bad conduct discharge. You received a bad conduct discharge on 16 June 1971.

On 1 June 1976 you were issued a clemency discharge which restored your civil rights, although not veterans rights or benefits.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the fact that your unauthorized absences totaled seven months. Accordingly, 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. 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 D. ZSALMAN
Acting Executive Director

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