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NAVY | BCNR | CY2007 | 06795-07
Original file (06795-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
                  BOARD FOR CORRECTION OF NAVAL RECORDS
                                   2 NAVY ANNEX
WASHINGTON DC 20370-5100


 SJN
 Docket No: 06795-07
17 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 10 June 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 4 December 1967 at age 20. On 31 December 1968 and 28 May 1969, you received nonjudicial punishment (NJP) for two periods of unauthorized absence (UA) totaling nine days. During the period from 4 June 1969 to 5 October 1970, while serving in Vietnam, you had three periods of tJA totaling 472 days. On 15 January 1971, you were convicted by general court-martial (GCM) of those periods of UA. You were sentenced to confinement at hard labor, a forfeiture of pay, a reduction in paygrade, and a bad conduct discharge (BCD). You received the BCD after appellate review was completed.
The Board, in its review of your application, carefully weighed all potentially mitigating factors, such as your youth, overall military record, and service in Vietnam. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your two NJP’s and conviction by GCM for periods of UA totaling over 15 months. 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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