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NAVY | BCNR | CY2007 | 04910-07
Original file (04910-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 SJN
 Docket No: 04910-07
3 March 2008







This is in reference to your application fo r correction of your naval record pursuant to the provisions of Title 10 of the United States Code, section 1552.
A th ree - member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 February 2008. 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 8 November 2005 at age 21. On 27 December 2005, during recruit training, you began a period of unauthorized absence (UA) that lasted 237 days, ending when you surrendered on 21 August 2006. Subsequently, you were convicted by summary court-martial (SCM) and sentenced to a reduction in paygrade, a forfeiture of pay, restriction, and hard labor.
On 1 November 2006, administrative discharge action was initiated to separate you by reason of misconduct due to commission of a serious offense. You waived your rights to consult with counsel, submit a statement or have your case heard by an administrative discharge board (ADB). Your commanding officer forwarded his recommendation that you be discharged under other than honorable conditions by reason of misconduct, On 2 November 2006, the discharge authority directed an other than honorable discharge by reason of misconduct due to commission of a serious offense. On 9 November 2006 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 overall record of service. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterjzatjon of your discharge because of your conviction by SCM for UA totaling over seven months. The Board also noted that you waived the right to an ADB, your best opportunity for retention or a better characterization of service. 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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