DEPARTMENT OF THE NAVY
		 BOARD FOR CORRECTION OF NAVAL RECORD
                                            2 NAVY ANNEX
                          WASHINGTON DC 2O37O-51OO

 Docket No: 08092-06
 2 March 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 28 February 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.

You enlisted in the Marine Corps on 8 October 1969 at age 17. On 15 and 31 October 1969 you received nonjudicial punishment (NJP) for two brief periods of unauthorized absence (UA) . On
10 February 1970 you were convicted by summary court-martial (SCM) of a brief period of UA, and breaking medical quarantine.

On 24 February 1970 you began a period of UA that lasted 28 days, ending on 24 March 1979. On 26 March 1970 you submitted a written request for a good of the service discharge in order to avoid trial by court-martial for the UA. However, your request was denied and you were convicted by a second SCM of the UA. You were sentenced to confinement at hard labor and a forfeiture of pay.

On 23 April 1970 you were processed for an administrative discharge by reason of unfitness. You then elected to waive the right to have your case heard by a board of officers. On 15 May 1970 your commanding officer recommended an undesirable discharge by reason of unfitness. On 3 June 1970 you received a third NJP for a brief period of UA. On 12 June 1970 the separation authority, refused to approve the recommendation for separation.

On 30 October 1970 you were convicted by special court-martial (SPCM) of two periods of UA totaling 47 days. You were sentenced to confinement at hard labor, a forfeiture of pay, and a bad conduct discharge (BCD). On 23 March 1971 you received the BCD after appellate review was completed.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and overall record of service. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of three NJP’s and convictions by two SCM’s and a SPCM for periods of UA totaling more than two months. Further, you were given a second chance when the separation authority disapproved the recommendation for administrative separation, but you failed to take advantage of this opportunity and departed on another period of UA. 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,

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