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NAVY | BCNR | CY2006 | 03588-06
Original file (03588-06.rtf) Auto-classification: Denied
                                             DEPARTMENT OF THE NAVY
                   BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 03588-06
13 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 8 November 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 31 July 1979 at age 17. During the period from 11 August 1980 to 17 November 1981, you received three nonjudicial punishments (NJP’s) for possession of marijuana and two instances of unauthorized absence (UA) totaling about two days. On 2 June 1982, you were convicted by summary court-martial (SCM) of two specifications of UA totaling 19 days and disrespect. At that time you were counseled and warned that further misconduct could result in administrative separation. However, on 4 and 13 January 1983 you received NJP for a brief period of UA and breaking restriction.
On 26 January 1983 you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct. You waived your right to consult with counsel, submit a statement or have your case heard by an administrative discharge board (ADB). Your commanding officer forwarded his recommendation that you be discharged under other than honorable conditions by reason of misconduct. On 11 February 1983 the discharge authority directed an other than honorable discharge by reason of misconduct due to a pattern of misconduct. On 15 February 1983 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, time in service, and the 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 five NJP’s, one of which was for drug possession and two of which were imposed after you were counseled and warned of the consequences of further misconduct, and the conviction by SCM for a lengthy period of UA. Further, you waived the right to an ADB, your best chance for retention or a better characterization of 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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