DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
	WASHINGTON DC 20370-5100	
		CRS
		Docket No: 2293-06
		16 January 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 4 January 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 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 16 June 1992. The record reflects that on 10 December 1993 you fell ten feet to a steel surface. On 13 December 1993 you were found fit for duty and were returned to your command.

On 9 December 1994 you received nonjudicial punishment for making a false official statement on two occasions, dereliction of duty, and absence from your appointed place of duty. A psychiatric evaluation, conducted on 31 January 1995, diagnosed you with an adjustment disorder and found you fit for duty. On 3 February 1995 you received a second nonjudicial punishment for willfully disobeying a lawful order on three occasions and absence from your appointed place of duty.

A special court-martial convened on 18 April 1996 and found you guilty of an unauthorized absence of 200 days and missing movement through design. The court sentenced you to confinement for six months, forfeiture of $583 per month for six months, reduction in rank, and a bad conduct discharge. During the confinement physical examination, you stated that you were in good health. You received the bad conduct discharge on 16 May 1997.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as the contention that the fall may have contributed to your later misconduct. However, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to your three disciplinary actions and the unauthorized absence of more than six months. Further, there is no evidence to show that your fall caused or contributed to the misconduct that led to your discharge. 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,

	ROBERT D.	ZSALMAN
Acting Executive Director

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