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NAVY | BCNR | CY2006 | 08054-06
Original file (08054-06.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASH I NGTON DC 20370-5100


                  SJN
 Docket No: 08054-06
2 March 2007







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 28 February 2007. 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, the advisory opinion furnished by the Headquarters Marine Corps, 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 29 April 1996 at age 18. During the period from 23 April to 23 June 1997 you received three nonjudicial punishments (NJP’s) for two periods of unauthorized absence (UA) totaling about five days, disrespect, assault, and feigning a mental illness. Additionally, you were counseled and warned on two occasions that further misconduct could result in administrative separation.
On 9 July 1997 you were convicted by summary court-martial (SCM) of failure to go to your appointed place of duty on two occasions. You were sentenced to confinement and a forfeiture of pay.
Although the administrative separation documentation is not in the record, it appears that you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct and 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 apparently forwarded his recommendation that you be discharged under other than honorable conditions by reason of misconduct and the discharge authority directed an other than honorable discharge by reason of misconduct due to a pattern of misconduct. The record clearly shows that on 14 January 1998 you were discharged under other than honorable conditions due to misconduct.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and overall record of service. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge or a change to your reenlistment code given your record of three NJP’s, two of which were imposed after you were counseled and warned of the consequences of further misconduct, and the conviction by SCM. Further, it appears 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
2

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