DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 5237-07
5 February 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 30 January 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 Corps Reserve on 30 March 1972 at age
18. You reported for an initial period of active duty on 7 April
1972 and were released from active duty on 4 October 1972, a
period of five months and 26 days with your service characterized
as honorable. During this period, you received nonjudicial
punishment (NJP) for disrespect.
On 1 September 1973, you were ordered to involuntary active duty
because you were not attending the required reserve drills.
During the period from 2 December 1973 to 11 March 1975, you
received NJP and were convicted by two special courts-martial.
Your offenses were three periods of unauthorized absence totaling
about 153 days. The sentence of the second special court-martial
included forfeitures of pay, confinement at hard labor and a bad
conduct discharge. Subsequently, a portion of the confinement
and the bad conduct discharge were suspended for a probationary
period of six months. You were then an unauthorized absentee on
four occasions totaling about 205 days. On 7 April 1976, the
suspension was vacated and you received the bad conduct discharge
on 29 April 1976.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, low score on
the aptitude test and your contention that your misbehavior
occurred because you were upset following the death of your
infant son. The Board found that these factors and contentions
were not sufficient to warrant recharacterization of your
discharge given your multiple lengthy periods of unauthorized
absence and your extensive disciplinary record. The Board
believed that the pattern of your disciplinary record was
indicative of willful 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,
IDoursee
W. DEAN PFEI
Executive Di
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