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NAVY | BCNR | CY2007 | 05142-07
Original file (05142-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~5 100



 RDZ : ecb
 Docket No. 05142-07
14 March 2008


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 12 March 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Marine Corp on 27 December 1972 at age 25.
On 16 September 1974 your received non-judicial punishment for
33 days of unauthorized absence for which you received a
suspended reduction to private first class.
On 8 May 1975 you were tried and convicted by special court - martial for 176 days of unauthorized absence. As a result you were awarded a bad conduct discharge (BCD), 30 days of hard labor and reduction to private on 16 June 1975 you waived restoration to duty and requested issuance of the BCD. You received the BCD on 11 March 1976.
In its review of your application the Board carefully weighed all potentially mitigating factors such as your assertion that your disciplinary problems were the result of marital problems. Nevertheless the Board concluded that the factors could not overcome the seriousness nature of your last offense which consisted of a lengthy period of unauthorized absence. The Board also noted your prior offense as well as your willingness to accept a BCD rather than return to duty.
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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