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NAVY | BCNR | CY2006 | 08376-06
Original file (08376-06.rtf) Auto-classification: Denied
                                    DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
                            2 NAVY ANNEX
 WASHINGTON DC 20370- 51 OO






                                                                                          SJN
                                                                                          Docket No: 08376-06
                                                                                                    15 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 14 March 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, 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 27 January 1977 at age 20. On 18 August and 2 December 1977 you received nonjudicial punishment (NJP) for absence from your appointed place of duty and leaving your post before being properly relieved.
On 26 October 1978 you were convicted by civilian authorities of car theft. You were sentenced to 18 months of confinement. However, after serving 69 days of your sentence, you were released and returned to military control on 3 December 1978.
On 11 December 1978 you began a period of unauthorized absence (UA) that lasted until you were apprehended over a year later on 12 February 1979, for disorderly conduct, resisting arrest, and malicious mischief. On 1 March 1979 you were found guilty of being drunk in public and resisting arrest. You were sentenced to time served, but retained in the custody pending charges of parole violation. You were released to military control on 11 April 1979.
On 14 March 1979, your commanding officer (CO) initiated separation action by reason of misconduct due to civil conviction. After you waived all of your procedural rights, the CO forwarded your case to the discharge authority recommending that you be discharged under other than honorable conditions by reason of misconduct due to civil conviction. On 4 May 1979 the discharge authority directed an other than honorable discharge by reason of misconduct. On 11 May 1979 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, overall record of service, and the contention that you were under the influence of drugs and alcohol. Nevertheless, the Board found that these factors and contention were not sufficient to warrant any change in your discharge given the NJP’s, the two civil convictions, and your ensuing incarceration. Concerning your contention, there is no evidence in the record, and you submitted none to substantiate your claim. Further, even if you were impaired, drug and alcohol abuse does not excuse misconduct. 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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