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NAVY | BCNR | CY2005 | 07173-05
Original file (07173-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370~5 100



 JRE
Docket No. 07173-05
6 November 2006


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 26October 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
The Board found that you enlisted in the Marine Corps on 2 May 1973. You underwent a pre-separation physical examination on 12 September 1977, and were found physically qualified for service. You did not disclose any significant defects at that time, and the physician who conducted the examination did not note any. You were discharged on 6 March 1978, with a bad conduct discharge, pursuant to the approved findings and sentence of a general court-martial, which convicted you of unauthorized absences of more than three years’ duration.
The Board could not find any indication in the available records that you were unfit for duty by reason of physical disability at the time of your separation from the Marine Corps with a bad conduct discharge. It noted that you would not have been entitled to disability separation or retirement even if you had been unfit for duty at that time, because a punitive discharge takes precedence over and precludes disability evaluation. Accordingly, and as you have not demonstrated that it would be in the interest of justice for the Board to upgrade your bad conduct discharge, 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
                                                                        E xecutive Director

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