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NAVY | BCNR | CY2006 | 09532-06
Original file (09532-06.rtf) Auto-classification: Denied

DEPARTMENT O1~ THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2037 0-0 1 00





 SMW
 Docket No: 9532-06
26 February 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 23 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, 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 10 January 2001 you enlisted in the Marine Corps at age 19. On 29 May 2001 you were counseled regarding a brief period of unauthorized absence (UA).
You then served without incident until 6 February 2002, when you began a UA that ended on 4 June 2002, a period of about 118 days. On 29 June 2002 you were convicted by summary court-martial (SCM) of the 118 day period of UA. On 22 July 2002 you were counseled regarding the lengthy period of UA, and warned that further infractions could result in disciplinary action or an administrative separation. On 2 October 2002 you received nonjudicial punishment (NJP) for three instances of failure to obey a lawful order, disrespect, and assault. On 3 October 2002 you were counseled regarding these offenses, and advised that you were being recommended for an administrative separation.
On 8 January 2003 your commanding officer (CO) initiated administrative separation by reason of misconduct due to a pattern of misconduct, and recommended an other than honorable discharge. In connection with this processing, you acknowledged the consequences of such a discharge and waived the right to have your case heard by an administrative discharge board (ADB). On 19 February 2003 the separation authority approved the discharge recommendation and directed an other than honorable discharge by reason of misconduct due to a pattern of misconduct. On 2 April 2003 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 and desire for a better discharge to enhance employment opportunities. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your misconduct that continued even after you were warned that further infractions could result in disciplinary action or administrative separation. Finally, the Board noted that you waived the right to have your case heard by an ADB, your best opportunity for retention or a more favorable characterization of service. 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
2

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