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NAVY | BCNR | CY2007 | 04260-07
Original file (04260-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
         -        2 NAVYANNEX
         
                  WASHINGTON DC 2O37O~5 100       


                                    TRG
          Docket No: 4260-07
         8 November 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 8 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Marine Corps on 15 September 1978 at age 18. During the period from 4 June 1979 to 16 April 1982 you received nonjudicial punishment on six occasions. Your offenses were seven periods of unauthorized absence totaling about five days, disobedience and possession of marijuana.
On 19 April 1982, you began a period of unauthorized absence which lasted until you were apprehended on 1 July 1989, a period of over seven years. On 9 August 1989, you began another period of unauthorized absence which lasted until you were apprehended on 19 July 1990, a period of about 340 days. A special court-martial convened on 14 September 1990 and convicted you of the 340 day period of unauthorized absence. The court sentenced you to forfeiture of $200 pay per month for three months, confinement at hard labor for 75 days, reduction to pay grade E-l, and a bad conduct discharge. Subsequently, the convening authority suspended the confinement in excess of 60 days and gave you credit for time spent in pretrial confinement. You began appellate leave on 15 October 1990 and remained on leave until the bad conduct discharge was issued on 5 November 1991.

In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and desire for a better discharge so that you can improve your life and become a youth counselor. The Board found that these factors were not sufficient to warrant recharacterization of your discharge given you lengthy periods of unauthorized absence and other 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 Director

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