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NAVY | BCNR | CY2006 | 03784-06
Original file (03784-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-5100


                                  CRS
                          Docket No: 3784-06
                                                                                  21 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 25 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
The Board found that you enlisted in the Marine Corps on 20 December 1972 after completing initial active duty for training in the Marine Corps Reserve. The record reflects that on 13 July 1973 you received nonjudicial punishment for insubordination on two occasions.
A general court-martial convened on 13 July 1973 and found you guilty of conspiracy to commit assault and assault with intent to inflict grievous bodily injury. The court sentenced you to confinement for a year, forfeiture of all pay and allowances, and a bad conduct discharge. You received the bad conduct discharge
          on 24 May 1974.  -
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth. However, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your offenses. 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 Di rector

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