DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O370-5100

SJN
Docket No: 01574-07
1 November 2007

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 24 October 2007. 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 March 1972 at age 17. During the period from 30 May to 8 September 1972, you received three nonjudicial punishments (NJPs) for disobedience, absence from your appointed place of duty, removing a loaded pistol from your holster and pointing it at another Marine, and breaking restriction. On 29 January 1973, you were convicted by summary court-martial (SCM) of two instances of disobedience. On 17 July 1973, you received a fourth NJP for a 26-day period of unauthorized absence (UA).

On 12 October 1973, you were convicted by special court-martial (SPCM) of a four-day period of UA that ended in your apprehension, possessing phenobarbital, and two specifications of assault. You were sentenced to confinement at hard labor, a forfeiture of pay, and a bad conduct discharge (BCD).

After serving your confinement at hard labor, you received a fifth NJP for a two-day period of UA and making a false official statement. On 27 December 1973, you began a period of UA that lasted 100 days, ending on 6 April 1974. On 15 August 1974, you received the BCD after appellate review was completed.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and overall record of service. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of five NJPs, a conviction by SCM and especially your conviction by SPCM for very serious offenses. 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