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NAVY | BCNR | CY2006 | 02470-06
Original file (02470-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


TJR
                                                                                 Docket No: 2470-06
                                                                                 27 September 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 26 September 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 3 November 1969 at age 20. On 4 February 1971 you were convicted by special court-martial (SPCM) of a 238 day period of unauthorized absence (UA) and sentenced to a reduction to paygrade E-1, confinement at hard labor for six months, a $180 forfeiture of pay, and a bad conduct discharge (BCD). Subsequently, you submitted a written request for immediate execution of the BCD stating, in part, that you had to take care of your wife and family and could not adjust to military life.
After the BCD was approved at all levels of review, on 25 June 1971 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 and the passage of time. It also considered your assertion of depression and not wanting to leave your wife after
 the death of your child. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your lengthy period of UA from the Marine Corps and your request for immediate execution of the BCD. 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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