DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

TJR
Docket No: 7986-03
17 August 2004

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 August 2004. 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 22 April 1977 at age 18.  You served without disciplinary incident until 6 October 1977, when you received nonjudicial punishment (NJP) for disobedience. The punishment imposed was a $75 forfeiture of pay and correctional custody for seven days, which was suspended for 90 days.

On 21 February 1978 you received NJP for misbehavior as a sentinel and were awarded a $50 forfeiture of pay and restriction for five days. On 29 June 1978 you were convicted by special court-martial (SPCM) of two periods of unauthorized absence (UA) totalling 139 days. You were sentenced to confinement at hard labor for three months and a $400 forfeiture of pay.

On 4 September 1980 you were again convicted by SPCM of two periods of UA totalling 628 days. You were sentenced to a $300 forfeiture of pay, confinement at hard labor for five months, and a bad conduct discharge (BCD). Subsequently, you submitted a written request for immediate execution of the BCD stating, in part, as follows:

I wanted a BCD because I can’t adjust to the Marine Corps, and I can do better out in the civilian world than in here. It will not hurt me at all, I have been doing fine without them.

The BCD was approved at all levels of review and on 22 December 1981 you were so discharged.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and your assertion that due to the passage of time, you are entitled to an upgraded discharge. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your misconduct, which included repetitive and lengthy periods of UA totalling more than 767 days. Further, no discharge is automatically upgraded due solely to the passage of time. 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