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NAVY | BCNR | CY2005 | 04643-05
Original file (04643-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


TJR
                                                                                          Docket No: 4643-05
                                                                                          9 March 2006






This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 7 March 2006. 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 enliste d in the Marine Corps on 1 Decemb er 1975 at age 19. During the period from 23 April to 10 November 1976 you received nonjudicial punishment (NJP) on three occasions for wrongful possession of marijuana, a six day period of unauthorized absence (UA), and disrespect. On 21 December 1976 you were convicted by special court-martial (SPCM) of wrongful possession of marijuana and sentenced to confinement at hard labor for 45 days and a $400 forfeiture of pay.
During the period from 30 June to 12 October 1977 you received NJP on three more occasions for contempt, disrespect, being out of uniform, and disobedience.
On 19 October 1977 you were notified of pending administrative separation action by reason of misconduct due to frequent involvement of a discreditable nature with military authorities. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB). On 20 October 1977 your commanding officer recommended an
 other than honorable discharge by reason of misconduct due to frequent involvement of a discreditable nature with military authorities. Subsequently, on 15 November 1977, the discharge authority directed an other than honorable discharge, and you were so separated on 28 November 1977.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, post service conduct, and the passage of time. It also considered your assertion of failing health, and your desire for veterans’ benefits. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive misconduct which resulted in six NJP5 and a court-martial conviction. 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

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