DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
				      2 NAVY ANNEX
	WASHINGTON DC 20370-51 00

					 SJN
				       Docket No: 08046-06
                                                      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 28 February 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 7 October 1975 at age 20 and served without incident for more than three years. On 4 March 1979 you suffered lacerations when someone hit you on the head with a stick. On 22 May 1979 you were convicted by summary court-martial (SCM) of disobedience. On 26 July 1979 and 22 January 1981 you were convicted by special court-martial (SPCM) of wrongfully receiving money with intent to have your actions influenced with respect to an official investigation, and a 338-day period of unauthorized absence (UA). As a result of the second SPCM, you were sentenced to a reduction in paygrade, a forfeiture of pay, confinement at hard labor, and a bad conduct discharge (BCD).

During the period from 11 March to 28 August 1981 you were incarcerated for contempt of court, a period of about 170 days. It also appears that shortly after your release from jail, you began another period of UA on 17 September 1981, lasting over three years, ending on 27 September 1984. On 17 October 1984 you received the BCD after appellate review was completed.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, overall record of service, and the head injury you sustained. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of convictions by SCM and SPCM’s for periods of UA totaling more than 11 months, and the subsequent lengthy periods of UA prior to your discharge. Further, there is no indication in the record that your head injury caused or contributed to your misconduct. 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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