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

							CRS
						       Docket No: 6390-06
										2 March 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 31 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 27 May 1970. The record reflects that you received 11 nonjudicial punishments (NJP) and were convicted by summary court-martial. The offenses included being in an off-limits area, absence from your appointed place of duty on 11 occasions, an unspecified violation of Article 134 of the Uniform Code of Military Justice, possession of alcohol in a work area, exceeding travel limits, and stealing two tires and rims.

On 1 November 1973 an administrative discharge board recommended your retention. Subsequently, you received another NJP for illegal use of meal cards.

A special court-martial convened on 24 January 1974 and found you guilty of housebreaking, failure to obey a lawful order; stealing a stereo, two speakers, a tape player, and a tune-up kit, and communicating a threat to injury. The court sentenced you to confinement at hard labor for six months, forfeitures of $200 per month for six months, reduction in rank, and a bad conduct discharge. Subsequently, you received another NJP for an unauthorized absence of a day, failure to obey a. lawful order, and absence from your appointed place of duty. You received a bad conduct discharge on 29 August 1975.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your contention that the majority of your service was honorable. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the frequency of your misconduct, as shown by 16 disciplinary actions, and the seriousness of your larceny 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

Copy to:	Veterans of Foreign Wars

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