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NAVY | BCNR | CY2006 | 03390-06
Original file (03390-06.rtf) Auto-classification: Denied
                                             DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
                   2 NAVY ANNEX
         WASHINGTON DC 20370-5100

                  SJN     
                  Docket No: 03390-06
 2 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 31 October 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 30 December 1965 at age 17. During the period from 12 January to 4 October 1966, you received three nonjudicial punishments (NJP’s) for disobedience and two periods of unauthorized absence (UA) totaling 51 days. On 13 December 1966 you were convicted by special court-martial (SPCM) for two periods of UA totaling 47 days, and two specifications of breaking restriction.
On 18 August 1967 you were convicted by a second SPCM of two periods of UA totaling 122 days, one of which ended in your apprehension, and breaking restriction. You were sentenced to confinement at hard labor, forfeiture of pay, and a bad conduct discharge (BCD). On 29 January 1968 you waived the right to request restoration to duty and requested execution of the BCD. On 15 March 1968 you received the.BCD after appellate review was completed.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, period of service and the numerous character reference letters accompanying your application. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of three NJP’s and conviction by two SPCM’s for lengthy periods of UA totaling more than seven months. 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 PFEFFIER
         Executive Director

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