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

SMW
Docket No: 7979-06
26 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 2 January 2007. Your allegations of error and injustice were r viewed 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 an conscientious consideration of the entire record, the Boar found the evidence submitted was insufficient to establish the existence of probable material error or injustice.

On 14 September 972 you enlisted in the Marine Corps at age 20. On 21 March 1973 you began an unauthorized absence (UA) that ended on 27 Marc 1973, a period of about six days. On 30 March 1973 you received nonjudicial punishment (NJP) for this offense. During he period from 21 April to 16 September 1973 you were UA on fo r more occasions totaling about 75 days. On 6 November 1973 u were convicted by special court-martial (SPCM) of the four UA’s.

On 3 January 1974 administrative separation action was initiated by reason of unsuitability due to a character and behavior disorder, but it appears that no further action was taken. On 2 July 1974 you began another UA that ended on 24 August 1974, a period of about 5 days. On 6 September 1974 you were held in confinement by ci il authorities pending charges. On 16 September 1974 you were convicted in civil court of assault with a deadly weapon, and sentenced to 12 months in prison.

On 20 December 1 74 your commanding officer recommended an undesirable discharge by reason of misconduct due to civil conviction. In connection with this processing, you waived the right to have your case heard by an administrative discharge board (ADB). On 22 January 1975 the separation authority approved the recommendation for separation and directed an undesirable discharge by reason of misconduct due to civil conviction. On February 1975 you were so discharged.

The Board, in it review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth. The Board also considered your contentions of being unfairly discharged and your desire to remain in the Marine Corps. Nevertheless, the Board concluded that these factors were not sufficient t warrant recharacterization of your discharge due to the seriousness of the civil conviction that resulted in your discharge and the UA’s that totaled more than four months. Regarding your c intentions, the Board noted that you waived the right to have your case heard by an ADB, your best opportunity for retention or a more favorable characterization of service. Furthermore, regulations authorized the discharge of Marines by reason of misconduct due to civil conviction. Finally, the Board found that you w re treated no differently than others in your situation. Therefore, the Board concluded that the discharge was proper as issued and no change is warranted.

Accordingly, you application has been denied. The names and votes of the me ers of the panel will be furnished upon request. It is regretted hat 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, ½ 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 pro able material error or injustice.

Sincerely

ROBERT D. ZSALMAN
Acting Executive Director

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