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NAVY | BCNR | CY2006 | 10959-06
Original file (10959-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 2O37O-51O0
                          

                                                     
TRG
         Docket No: 10959-06
        
31 October 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 30 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Marine Corps on 27 December 1978 at age 17. During your service, you received nonjudicial punishment (NJP) on four occasions and were convicted by a summary and a special court-martial. Your offenses were three periods of unauthorized absence totaling about 15 days, possession of drug paraphernalia, disobedience, disrespect, four instances of theft, and several other offenses.

Based on the foregoing record, you were processed for an administrative discharge. In connection with this processing, you elected to waive the right to have the case heard by an administrative discharge board. After review, the discharge authority directed discharge under other than honorable conditions and you were so discharged on 6 November 1981.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth and the documentation you submitted showing voluntary service with the Department of Veterans Affairs. Your contention that alcoholism led to your misconduct was also considered. The Board found that these factors and contention were not su fficient to warrant recharacteri zatjon of your discharge given the frequency and
s eriousness of your misconduct. 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 Di rector

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