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NAVY | BCNR | CY2005 | 07950-05
Original file (07950-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-5100

                                   
                                             SJN
Docket No: 07950-05
3 March 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 1 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 enlisted in the Marine Corps on 11 October 1967 at age 18. On 27 June 1968 you were convicted by a summary court-martial (SCM) of a 72-day period of unauthorized absence (UA). On 3 September 1968 you were convicted by a special court-martial (SPCM) of a 12-day UA. During the period from 31 October 1968 to 4 June 1969, you received four nonjudicial punishment’s (NJP’s) for three periods of UA totaling about 23 days and possession of an unauthorized liberty card.
On 28 July 1969 you were notified of pending administrative separation action by reason of unfitness due to frequent involvement of discreditable nature with military authorities. After being advised of your procedural rights, you requested an administrative discharge board (ADB).
On 19 August 1969 the co mm anding officer (CO) forwarded your case to the commanding general recommending separation. Subsequently, on 22 September 1969 an ADB, unanimously found you unfit for further service and recommended an undesirable discharge. On 9 October 1969 you received a fifth NJP for four specifications
 of absence from your appointed place of duty. On 7 October 1969 the discharge authority directed an undesirable discharge by reason of unfitness. On 9 October 1969 you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth. Nevertheless, the Board found that these factors were not sufficient to warrant any change in your discharge because of your conviction by SCM and SPCM and the five NJP’s for UA’s totaling more than three months. Furthermore, one of NJP’s was imposed after you were notified that you were being administrative separated from the service. 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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