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

TJR
Docket No: 3368-06
1 November 2006

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 1 November 2006. 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 17 June 1968 at age 18. During the period from 10 February to 8 September 1969 you received nonjudicial punishment (NJP) on three occasions for failure to obey a lawful order, a five day period of unauthorized absence (UA), and disrespect.

On 12 February 1970 you were convicted by special court-martial (SPCM) of disrespect and three specifications of assault with a deadly weapon, specifically, a loaded M-16 rifle. You were sentenced to confinement at hard labor for four months, a $200 forfeiture of pay, reduction to paygrade E-l, and a bad conduct discharge (BCD). After the BCD was approved at all levels of review, on 18 September 1970, 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 desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive misconduct which resulted in three NJPs and a court-martial conviction for offenses that included assault with a deadly weapon. 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

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