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

TRG
Docket No: 7844-06
9 November 2006

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 7 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Marine Corps on 17 October 1973 at age 17. Subsequently, you completed initial training and, on 21 April 1974, you reported to your first duty station. On 31 July 1974, you received nonjudicial punishment for disobedience. During the period from 23 December 1975 to 19 April 1976, you received nonjudicial punishment on five occasions and were convicted by a summary court-martial. Your offenses were four absences from your appointed place of duty, an unauthorized absence of about five hours and two instances of disobedience. During this period, you were counseled and warned that further misconduct could lead to an undesirable discharge.

Based on the foregoing record, you were processed for an administrative discharge. In connection with this processing, you elected to waive the right to have your case heard by an administrative discharge board (ADB). After review, the separation authority directed an undesirable discharge and you were so discharged on 29 October 1976.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth, limited education, low score on the aptitude test, and your contention that your misconduct was caused by mental illness. You desire recharacterization of the discharge so that you can receive veterans’ benefits. The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given the frequency of your misconduct. Further, you waived the right to an ADB, your best opportunity f or retention or a better characterization of service. Additionally, there is no evidence in the record, and you have submitted none, to support your contention that you were mentally ill while in the Marine Corps. The Board concluded that the discharge was proper as issued and no change is warranted.

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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