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NAVY | BCNR | CY2006 | 08786-06
Original file (08786-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 CRS
 Docket No: 8786-06
18 June 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 6 June 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
The Board found that you enlisted in the Navy on 27 June 1966. Prior to the commission of the offense that resulted in your discharge, you received four nonjudicial punishments and were convicted by summary and special courts-martial. The offenses included unauthorized absences totaling 35 days, disrespect, failure to observe reveille, and failure to obey a lawful order.
A second special court-martial that convened on 26 November 1969 found you guilty of unauthorized absences totaling 59 days. The court sentenced you to confinement at hard labor for two months, forfeitures of $60 per month for two months, reduction in rate, and a bad conduct discharge. You received the bad conduct discharge on 13 November 1970.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth, service in Vietnam, and the contention that you should be awarded the Combat Action Ribbon. The Board concluded that those factors were insufficient to warrant recharacterization of your discharge in view of your extensive disciplinary record and lost time.

Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.
Concerning your request for the Combat Action Ribbon, you should write PERS 313E, Room 5409, 9700 Page Blvd., St. Louis, MO 63132 to determine whether you are eligible for that award.






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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