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

SJN
Docket No: 09507-06
11 May 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 2 May 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 6 February 1975 at age 17. During the period from 5 August 1975 to 31 March 1976 you received six nonjudicial punishments (NJP’s) for leaving your appointed place of duty, three instances of disobedience, malingering, use of provoking words, a brief period of unauthorized absence (UA), absence from your appointed place of duty, and two instances of sleeping on watch.

On 20 September 1976 you submitted a written request for a good of the service discharge in order to avoid trial by court-martial for two brief periods of UA, five specifications of disrespectful language, three specifications of disobedience, resisting apprehension, assault with a dangerous weapon, and communicating a threat. However, your request was denied and you were convicted by special court-martial (SPCM) of five specifications of disrespect, two specifications of disobedience, resisting apprehension, assault with a dangerous weapon (a broken pool cue), and communicating a threat. You were sentenced to confinement at hard labor, a forfeiture of pay, and bad conduct discharge (BCD). On 19 January 1977 you received the BCD after appellate review was completed. Dea

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, overall period of service, and the character letters accompanying your applications. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of six NJP’s and a conviction by SPCM of very serious 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

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