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NAVY | BCNR | CY2007 | 00603-07
Original file (00603-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~5 100
CRS
                                                                                          Docket No: 00 603-07
                                                                                          6 July 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 27 June 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.
The Board found that you enlisted in the Marine Corps on 3 August 1971. On 14 November 1971 you were apprehended by civil authorities for grand theft auto. On 27 December 1971 you submitted a written request for an undesirable discharge in order to avoid trial by court-martial for unauthorized absences totaling 28 days and theft of a pair of government handcuffs. Prior to submitting this request you conferred with a qualified military lawyer who advised you of your rights and warned of the probable adverse consequences of accepting such a discharge. On 6 January 1972 you received nonjudicial punishment for disrespect and disobedience of a lawful order. You received an undesirable discharge on 19 January 1972, in accordance with your approved request for discharge in lieu of trial by court-martial.
On 24 June 1977 the Naval Discharge Review Board (NDRB) changed the characterization of your discharge to general, under honorable conditions, in accordance with the provisions of the Special Discharge Review Program (SDRP). On 31 March 1978 NDRB confirmed the general discharge under its uniform discharge review standards, thereby entitling you to veterans benefits.


In its review of your application the Board carefully weighed all potentially mitigating factors, such as your contention that you performed your duties well, and were unfit by reason of physical disability. The Board concluded that the positive aspects of your service are outweighed by your repeated acts of misconduct and that it would not be in the interest of justice to upgrade your discharge. It rejected your unsubstantiated contention that you became disabled while in the Marine Corps. 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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