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

SJN
Docket No: 03159-07
4 December 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 28 November 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 21 May 1964 at age 17. On 2 February 1965, you were convicted by surrimary court—martial (SCM) of an 18-day period of unauthorized absence (UA). On 23 November 1965 and 13 January 1966, you received nonjudicjal punishment (NJP) of a brief UA and disrespect. On 9 February 1967, you were convicted by a second SCM of a 33-day period of UA. On 26 April 1967, you received a third NJP for failure to go to your appointed place of duty.

On 17 October 1976, you were convicted by special court-martial (SPCM) of two periods of UA totaling 94 days, both of which ended in your apprehension, and disobedience. You were sentenced to confinement at hard labor, a forfeiture of pay, and a bad conduct discharge. On 23 February 1968, you waived your right to request restoration to full duty and requested the execution of the discharge adjudged. You received an other than honorable discharge on 16 April 1968.

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 three NJP’s and Convictions by SCM and SPCM for periods of UA totaling over four months. Further, you waived your right to request restoration to full duty, your best chance for retention or a better characterization of service. 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