DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~5 100

SMW
Docket No: 6164-07
15 February 2008

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 6 February 2008. 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 28 February 1976 at age 17. On 15 April and 8 September 1976, you had two nonjudicial punishments (NJP’s) and a suspended punishment vacated. Your offenses included suffering the loss of a full pan of bacon, disobedience of a lawful order, and absence from your appointed place of duty. During the period 31 January to 1 February 1978, you were in an unauthorized absence (UA) status. On
13 February 1978, you had NJP for the day of UA. On
12 July 1978, you had NJP for a brief period of UA. On
28 February 1979, you were honorably released from active duty due to the completion of your required active service. on 28 February 1982, you were honorably discharged due to the expiration of your obligated service.

Regulations direct that all periods of time lost be reflected on the DD Form 214. You had one day of time lost for the period 31 January to 1 February 1978, when you were UA. Given the UA for which you had NJP and since you have been treated no differently than others in your situation, the Board could not find an error or injustice in the time lost. 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,

W. DEAN PFEIFFER
  Executive Director