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

TJR
Docket No: 8552-03
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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Marine Corps on 23 May 1975 at age 19 and served for a year without disciplinary incident. However, on 18 June 1976, you received nonjudicial punishment (NJP) for two periods of absence from your appointed place of duty and failure to obey a lawful order. The punishment imposed was a $200 forfeiture of pay and correctional custody for 30 days, a portion of which was suspended for three months. During the period from 17 September to December 1976 you received four more NJPs for two periods of absence from your appointed and two periods of unauthorized absence (UA) totalling 13 days.

On 29 April 1977 you were convicted by special court-martial (SPCM) of two periods of UA totalling 44 days, disobedience, failure to obey a lawful order, and drunk and disorderly conduct. You were sentenced to confinement at hard labor for two months, a $248 forfeiture of pay, reduction to paygrade E-1, a bad conduct discharge (BCD). A portion of the forfeitures and the BCD were suspended for six months.

The record reflects five periods of UA, from 25 January 1977 to 24 January 1978, totalling 47 days. It does not, however, reflect the punishment imposed for these periods of UA. However, on 27 February 1978, the suspended BCD was vacated presumably due to your continued misconduct. On 3 March 1978 you were discharged with the BCD.

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 you have honorably represented the armed forces. 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. 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