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NAVY | BCNR | CY2006 | 10958-06
Original file (10958-06.rtf) Auto-classification: Denied
                 DEPARTMENT OF THE NAVY
                           2 Navy Annex
         BOARD FOR CORRECTION OF NAVAL RECORDS
          WASHINGTONDC2O37OBIOO   





                  TJR
          Docket No: 10958-06
          25 October 2007



This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 October 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 6 February 1989 at age 20 and served for a year and three months without disciplinary infraction, but on 25 May and again on 19 July 1990 you received nonjudicial punishment (NJP) for absence from your appointed place of duty, disobedience, and dereliction of duty. About three months later, on 25 October 1990, you were convicted by special court-martial (SPCM) of an eight day period of unauthorized absence (UA) and uttering worthless checks in the amount of $200. You were sentenced to confinement at hard labor for 90 days, reduction to paygrade E-l, and a bad conduct discharge (BCD). After the BCD was approved at all levels of review, on 3 March 1993, 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 assertions that your discharge was unduly harsh because it resulted from personal and family problems, and that under current standards you would not receive a BCD for returning late from leave. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterizatjon of your discharge because of the seriousness of your repetitive 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

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