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

TRG
Docket No: 10597-06
12 June 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 8 August 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.

You enlisted in the Marine Corps Reserve on 27 August 1974 at age
18. At that time, you agreed to attend weekend drills and perform two weeks of active duty for training every year. You subsequently, completed an initial period of active duty for training of about four months. Subsequently, because you were not attending drills, you were ordered to involuntary active duty.

A special court-martial convened on 22 March 1977 and convicted you of three periods of unauthorized absence totaling about 253 days. The court sentenced you to confinement at hard labor for three months, forfeitures of pay, and a bad conduct discharge. You began appellate leave on 27 July 1977 and remained in that status until the bad conduct discharge was issued on 27 March
1978.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth and desire for a better discharge. You also contend, in effect, that the discharge may be invalid because of errors on the DD Form 214. The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your refusal to comply with your orders and the three lengthy periods of unauthorized absence. 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.

on 19 March 1997, a DD Form 215 was issued to correct the discharge date on your DD Form 214 to 27 March 1978. A copy of the DD Form 215 is enclosed for your information.

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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