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NAVY | BCNR | CY2007 | 10994-07
Original file (10994-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


                                                       CRS
                                                                                           Docket No: 10994-07
                                                                                          16 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 4 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
The Board found that you enlisted in the Marine Corps on 29 September 1967. You received nonjudicial punishment on 12 July, 27 August, and 9 December 1969. Your offenses included absence from appointed place of duty, disrespect, communication of a threat, and unauthorized absence. You were separated from the Marine Corps on 23 June 1970 with an undesirable discharge, pursuant to your request for discharge for the good of the service in lieu of trial by court-martial for 119 days of unauthorized absence.
The Board rejected your uncorroborated assertion that the NJP proceeding conducted on 27 March 1969 never took place. 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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