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NAVY | BCNR | CY2007 | 06979-07
Original file (06979-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 SMW
Docket No: 6979-07
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 16 October 1981, you enlisted in the Marine Corps at age 21. On 15 December 1982, you were counseled regarding writing bad checks. On 18 April 1983, you were counseled regarding your failure to pay debts and warned that further infractions could result in administrative separation. On 10 May and
9 June 1983, you had nonjudicial punishment for missing the movement of your unit, and possession and use of marijuana. During the period 10 June to 25 July 1983, you were in an unauthorized absence status on two occasions totaling six days.
On 2 August 1983, you requested an other than honorable (0TH) discharge for the good of the service to avoid trial by courtmartial for unspecified charges. At that time, you consulted with counsel and acknowledged the consequences of receiving such a discharge. On 19 August 1983, the separation authority approved your request for an 0TH discharge. On 30 August 1983, you were separated with an 0TH discharge f or the good of the service to avoid trial by court-martial. As a result of this action, you were spared the stigma of a court-martial conviction and the
potential penalties of a punitive discharge and confinement at hard labor.
The Board, in its review of your entire record, carefully considered all potential mitigation, such as your youth. The Board also considered your contention that personal problems attributed to your misconduct. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to your misconduct that continued even after you were warned that further infractions could result in administrative separation. Furthermore, the Board believed that considerable clemency was extended to you when your request for discharge to avoid trial by court-martial was approved since, by this action, you escaped the possibility of confinement at hard labor and a punitive discharge. Regarding your contention, personal problems do not excuse misconduct. Finally, the Board concluded that you received the benefit of your bargain with the Marine Corps when your request for discharge was granted and you should not be permitted to change it now. 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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