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NAVY | BCNR | CY2007 | 05923-07
Original file (05923-07.rtf) Auto-classification: Denied
                           BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
                                    WASH(NGTON DC 20370-5 00


SJN
 Docket No: 05923-07
4 April 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 2 April 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 26 November 1973 at age 17. During the period from 30 June 1974 to 1 January 1975, you received six nonjudicial punishments (NJP’s) for absence from your appointed place of duty, four instances of disobedience, breaking restriction, seven days of unauthorized absence, missing movement, three instances of sleeping on post, being out of uniform, disorderly conduct, and assault.
On 9 January 1975, you were processed for an administrative discharge by reason of unfitness. You elected to waive the rights to have your case heard by a board of officers and on 10 January 1975, your commanding officer recommended an other than honorable discharge by reason of unfitness. On 8 February 1975, the discharge authority directed an undesirable discharge. You were so discharged on 19 February 1975.
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 found that these factors were not sufficient to warrant
 flea recharacterization of your discharge due to your extensive disciplinary record consisting of six NJP’s, some of which were for
         very serious infractions. 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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