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NAVY | BCNR | CY2007 | 00558-07
Original file (00558-07.rtf) Auto-classification: Denied

         DEPARTMENT OF THE NAVY
                                                       BOARD FOR CORRECTION OF NAVAL RECORDS
                           2 NAVY ANNEX
                           WASHINGTON DC 2O37O-~1OO


 TJR
 Docket No: 558-07
 7 November 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 6 November 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 4 April 1972 at age 18 and served without disciplinary incident until 21 August 1972, when you received nonjudicial punishment (NJP) for a ten day period of unauthorized absence (UA) and were awarded restriction and extra duty for 14 days.
On 6 November 1973 you were convicted by special court-martial (SPCM) of two periods of UA totalling 337 days. You were sentenced to confinement at hard labor for three months, a $600 forfeiture of pay, and a bad conduct discharge (BCD). Shortly thereafter, on 15 November 1973, you received NJP for absence from your appointed place of duty and were awarded restriction and extra duty for seven days. On 26 November 1973 you began another period of UA that was not terminated until you were apprehended by the Federal Bureau of Investigation (FBI) on 7 October 1974. During this 317 day period of UA you were also declared a deserter. However, the record does not reflect the
 disciplinary action taken for this period of UA. On 15 October 1974 you submitted a written request for immediate execution of the BCD stating, in part, that you did not like the Marine Corps and wanted to go home. Subsequently, your request was granted and after the BCD was approved at all levels of review, on 11 November 1974 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, desire to upgrade your discharge, and the character reference letter submitted in support of your case. It also considered your assertion that the mistakes you made as a teenager should not affect the rest of your life. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive and lengthy periods of UA from the Marine Corps and your request for immediate execution of the BCD. 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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