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NAVY | BCNR | CY2007 | 05849-07
Original file (05849-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
WASHINGTON DC 20370-5100



                                                               CRS
Docket No: 5849-07
27 May 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 14 May 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.
The Board found that you enlisted in the Marine Corps on 12 February 1975. On 27 October 1977 you were convicted by a summary court-martial of an unauthorized absence of 41 days. On 23 March 1979 you were released from active duty and transferred to the Marine Corps Reserve with a characterization of service of under honorable conditions.
The Board found that you did receive a general discharge because your conduct mark average of 3.9 was below the minimum average of 4.0 required for an honorable discharge. You did not meet that criterion because of your unauthorized absence and conviction by court-martial. The Board carefully considered your contention to the effect that you left your unit without authority because you were suffering from anxiety, but found it insufficient to warrant granting your request. Accordingly, your application has been denied. The names and votes 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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