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

TRG
Docket No: 8437-06
23 February 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 13 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Marine Corps on 1 September 1971 at age 20. On 15 November 1972 you were convicted by a special court-martial of disobedience, disrespect, assault and possession of marijuana. The sentence of the court included forfeitures of pay and confinement at hard labor for four months.

On 10 February 1973 you were declared a deserter. On 6 October 1974 while still in a deserter status, you were convicted by the State of Texas of robbery by assault. The court sentenced you to two to four years in prison. On 6 June 1977 you were returned to the Marine Corps. Ten days later, you began a period of unauthorized absence which lasted until you were apprehended by civil authorities. You were returned to the Marine Corps on 5 August 1977.

Based on the foregoing record, you were processed for an administrative discharge. In connection with this processing, you elected to waive the right to have your case heard by an administrative discharge board. After review, the discharge authority directed discharge under other than honorable conditions and you were so discharged on 25 October 1977.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as the character reference and other documentation you submitted showing that you have been a good citizen for many years. The Board found that these factors were not sufficient to warrant recharacterization of your discharge given your period of desertion and conviction by civil authorities of a serious offense. The Board concluded that the discharge was proper as issued and no change is warranted.

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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