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NAVY | BCNR | CY2007 | 05887-07
Original file (05887-07.rtf) Auto-classification: Denied
                           CRS
                   D ocket No: 5887-07
                  30 May 2008







This is in reference to your application for reconsideration 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 29 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 23 February 1966. You received four nonjudicial punishments and were convicted by three special courts—martial. Your offenses included unauthorized absences totaling 198 days, failure to comply with straggler’s orders, and breaking restriction.
A fourth special court—martial convened on 30 September 1968 and found you guilty of an unauthorized absence of 39 days. The court sentenced you to confinement at hard labor for six months, forfeitures of $73 per month for six months, and a bad conduct discharge. You received the bad conduct discharge on 27 June
1969.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your family problems, and the contention that you were unjustly court-martialed because of racial prejudice against you. The Board concluded that those factors were insufficient to warrant recharacterization of your service, given your extensive disciplinary record and the absence of evidence that you were unfairly or improperly disciplined
          because of your race. 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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