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NAVY | BCNR | CY2006 | 06184-06
Original file (06184-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 SMW
 Docket No: 6184-06
9 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.
On 29 September 1978 you enlisted in the Marine Corps at age 17. During the period from 30 October 1980 to 10 June 1981 you received nonjudicial punishment (NJP) and were convicted by a summary court-martial (SCM) and special court-martial (SPCM). Your offenses included four instances of unauthorized absence totaling about 13 days, five instances of disobedience of a lawful order, and missing the movement of your unit.
On 16 October 1981 your commanding officer recommended an other than honorable discharge by reason of misconduct due to frequent discreditable involvement. In connection with this processing, you were advised of the consequences of receiving such a discharge and waived the right to have your case heard by an administrative discharge board (ADB). On 30 October 1981 the separation authority approved the recommendation and directed an other than honorable discharge by reason of misconduct due to frequent discreditable involvement. On 19 November 1981 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. The Board also considered your numerous contentions concerning the events that led to your disciplinary actions. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your repetitive misconduct. The Board also noted that you waived the right to an ADB, your best opportunity for retention or a more favorable characterization of service. Regarding your contentions, disciplinary actions may only be administered if an individual violates the Uniform Code of Military Justice, and there is no evidence to indicate that the NJP was improperly imposed or that you were improperly convicted by either of the courts-martial. Therefore, the Board concluded that the discharge was proper as issued and no change is warranted.









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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