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NAVY | BCNR | CY2006 | 11305-06
Original file (11305-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O370-5100




 JRE
 Docket No. 11305-06
 14 January 2008





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—me mber panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 Dece mb er 2007. Your allegations of error and injustice were reviewed in accordance with a dm inistrative 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 Marine Corps on 29 December 1972. You received nonjudicial punishment on three occasions and were convicted by summary court-martial for offenses that included unauthorized absence, sleeping on post, larceny, and violation of an order. You underwent a preseparation physical examination on 3 September 1974 and were found qualified for separation. You were discharged under other than honorable conditions on 3 September~ 1974, pursuant to your request for discharge for the good of the service in lieu of trial by court-martial for unauthorized absence.
The Board concluded that your service was properly characterized as under other than honorable conditions in view of your extensive disciplinary record, limited period of creditable service, and request for discharge in lieu of trial by court-martial. The Board noted that as a result of the acceptance of your request for discharge, you avoided the another conviction by court-martial, and the possibility of confinement at hard labor and a bad conduct discharge.
There is no indication in the available records that you were unfit for duty by reason of physical disability at the tie of your discharge. In addition, you would not have been entitled to medical separation even if you had been unfit, because your punitive discharge would have taken precedence over disability processing. Accordingly, and as you have not demonstrated that it would be in the interest of justice for the Board to upgrade your discharge general or honorable, 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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