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NAVY | BCNR | CY2006 | 01141-07
Original file (01141-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
                                                                                          Docket No: 1141-07
                                                                                          5 December 2007


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 4 December 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Marine Corps on 14 March 1986 at age 19 and served without disciplinary incident until 25 September 1986, when you received nonjudicial punishment (NJP) for wrongful Possession of alcohol in an unauthorized area. The punishment imposed was a $167 forfeiture of pay and restriction for 14 days. About three months later, on 8 December 1986, you received NJP for assault with a dangerous weapon and were awarded a $100 forfeiture of pay, which was suspended for three months, and restriction and extra duty for seven days. On 12 December 1986 you were counselled regarding deficiencies in your performance and were advised to avoid alcohol abuse, conflicts and arguments, and to improve your attitude and take pride in your performance.
On 13 January 1987 the suspended punishment imposed on 8 December
1986 was vacated due to your continued misconduct. Further, on
15 January 1987, you received NJP for wrongful possession of
marijuana. The punishment imposed was reduction to paygrade E-1,
a $600 forfeiture of pay, and restriction and extra d u ty for 45 days. On 9 November 1987 you were convicted by special court-martial (SPCM) of three periods of unauthorized absence (UA) totalling 26 days, missing the movement of your ship, and disobedience. You were sentenced to confinement for 30 days, a $438 forfeiture of pay, reduction to paygrade E-l, and a bad conduct discharge (BCD).



On 15 March 1988 you submitted a written request for restoration to duty. However, this request was subsequently denied, and after the BCD was approved at all levels of review, on 31 January 1990, 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, post service conduct, and desire to upgrade your discharge so that you may obtain employment in the field of law enforcement. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive misconduct which result in three NJPs, a court-martial conviction, and included drug and alcohol abuse. 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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