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NAVY | BCNR | CY2007 | 06976-07
Original file (06976-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 S M W
 Docket No: 6976-07
27 March 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 26 March 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.
On 23 January 1979, you enlisted in the Marine Corps at age 19. On 27 September 1979, you had nonjudicial punishment (NJP) for two brief instances of unauthorized absence (UA) . On 1 October 1979, a substance abuse evaluation diagnosed you as being an alcoholic and recommended treatment. During the period 31 March 1980 to 19 May 1981, you had four NJP’s for two brief instances of UA, eight instances of absence from your appointed place of duty, and leaving your appointed place of duty. On 11 June 1981, a psychiatric evaluation found that you abused alcohol and had no mental illness. On 18 June 1981, you had NJP for disobedience of a lawful order. On 13 August 1981, you were convicted by a summary court-martial for two instances of UA totaling six days and failure to go to your appointed place of duty.

On 10 September 1981, your commanding officer initiated administrative separation by reason of misconduct due to
 frequent discreditable involvement. In connection with this processing, you acknowledged that separation could result in an other than honorable (0TH) discharge and waived the right to have your case heard by an administrative discharge board (ADB). On 7 October 1981, the separation authority approved the separation recommendation and directed an 0TH discharge by reason of misconduct due to frequent discreditable involvement. On 19 October 1981, you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your youth. The Board also considered your contention that you were suffering from an undiagnosed mental illness. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to your misconduct. Regarding your contention, on 11 June 1981, a psychiatric evaluation found that you had no mental illness. Finally, the Board noted that you waived the right to have your case heard by an ADB, your best opportunity for retention or a more favorable characterization of service. Therefore, the Board concluded that the discharge was proper as issued and no change is warranted. 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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