DEPARTMENT OF’ THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

SMW
Docket No: 7783-06
11 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 10 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.

The Board found you enlisted in the Marine Corps on 30 May 1975 at age 17 with parental consent. During the period from 28 October 1975 to 22 March 1976 you were in an unauthorized absence (UA) status on three occasions that totaled about 124 days. On 29 March 1976 you requested an undesirable discharge for the good of the service to avoid trial by court-martial for these offenses. However, the separation authority disapproved your request. On 16 April 1976 you were convicted by special court-martial (SPCI4) of these UA’s. The court sentenced you to confinement at hard labor, forfeitures of pay, and a bad conduct discharge (BCD). On 19 July 1976 you waived the right to request restoration to duty, and after the BCD was approved at all levels of review, on 29 October 1976 you were so discharged.

The Board, in its review of your entire record, carefully considered all mitigating factors, such as your youth. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your repetitive UA’s that totaled more than four 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. SALMAN
Acting Executive Director

2