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Decision Text

NAVY | BCNR | CY2006 | 07517-06
Original file (07517-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
          WASHINGTON DC 20370-5100



                                                      CRS
                                                      Docket No: 7517-06
                                                                                           22 September 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 20 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 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 11 December 1972. The record reflects that you received nine nonjudicial punishments and were convicted by two summary courts-martial. The offenses included unauthorized absences totaling 20 days, absence from your appointed place of duty on two occasions,. breaking restriction and sleeping on fire watch.
On 18 December 1975 an administrative discharge board recommended that you be separated with an undesirable discharge by reason of unfitness. Subsequently, you received a tenth nonjudicial punishment for an unauthorized absence of 31 days. After review by the discharge authority, the recommendation for separation was approved and you were discharged on 21 January 1976.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth and the contention that racial prejudice caused your misconduct. However, the Board concluded that these factors were not sufficient to warrant recharacterizatjon of your discharge, given
 your record of frequent involvement with military authorities, specifically, 12 disciplinary actions in less than four years. Concerning your contention of racism, you have submitted no evidence to support such a contention and the record contains no such evidence. Based on the foregoing, the Board concluded that no change to the discharge 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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