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NAVY | BCNR | CY2007 | 00573-07
Original file (00573-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~E 100
TJR
                                                                                          Docket No: 573-07
                                                                                          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 24 July 1980 at age 17 and served without disciplinary incident until 29 May 1981, when you were convicted by special court-martial (SPCM) of theft of personal property, specifically, a $380 radio cassette recorder. You were sentenced to confinement at hard labor for four months, a $1,200 forfeiture of pay, and reduction to paygrade E-l. About three months later, on 27 August 1981, you received nonjudjcjal punishment (NJP) for sleeping on post and were awarded a $100 forfeiture of pay and restriction for 14 days.
On 8 July 1982 you received NJP for disrespect, and less than six months later, on 22 December 1982, you were convicted by summary court-martial (SCM) of two periods of unauthorized absence (UA) totalling two days, failure to go to your appointed place of duty, and wrongful use of marijuana. You were sentenced to confinement at hard labor for one month, a $200 forfeiture of pay, and reduction to paygrade E-1.







On 7 July 1983 you were again convicted by SPCM of four specifications of assault and disobedience. You were sentenced to a $400 forfeiture of pay, confinement at hard labor for four months, and a bad conduct discharge (BCD). On 15 December 1983 you waived your right to a clemency review.
On 17 January 1984 you waived your restoration to duty thus requesting immediate execution of the BCD. After the BCD was approved at all levels of review, on 31 October 1984 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 to upgrade your discharge so that you may receive veterans’ benefits. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive misconduct which result in two NJPs and three court-martial convictions. 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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