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NAVY | BCNR | CY2007 | 06677-07
Original file (06677-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHtNGTON DC 20370-5100


 SJN
 Docket No: 06677-07
2 June 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 28 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Marine Corps on 6 June 1978 at age 17. On 20 April and 24 July 1979, you received nonjudicial punishment (NJP) for an eight day period of unauthorized absence (UA), making a false statement, and possessing marijuana.
During the period from 17 September 1979 to 17 August 1983, you had two periods of UA totaling over three years. The last period of UA, from 3 January 1980 to 17 August 1983, you were declared a deserter. Additionally, you were apprehended by civil authorities for burglary. Nonetheless, this period of UA was dismissed with prejudice since you were dropped from the roles before charges were preferred, therefore, the government lacked jurisdiction over you.
On 19 August 1983, administrative discharge action was initiated by reason of misconduct due to corrimission of a serious offense. You waived your rights to consult counsel, submit a statement or have your case heard by an administrative discharge board (ADB). You elected only to obtain copies of documents supporting the basis for separation.
 On 24 August 1983, you received a third NJP for a brief UA. On 26 August 1983, your commanding officer recommended discharge by reason of misconduct, with a characterization of service of under other than honorable conditions. On 14 September 1983, the discharge authority directed an other than honorable discharge by reason of misconduct. You were so discharged on 23 September
1983.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, overall record of service, the character letters accompanying your application, and post service accomplishments. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your three NJP’s, and lengthy periods of UA totaling well over three years. Further, you waived the right to an ADB, your best chance for retention or a better characterization of service. 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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