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

CRS
									    Docket No: 2088-07
										 2 July 2007

Dear -

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 20 June 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 26 September 1967. You received nonjudicial punishment and were convicted by a special court-martial for offenses that included unauthorized absences totaling 18 days and breaking restriction. In addition, you were absent without authority from 16 May to 20 August 1969 and from 23 to 29 September 1969, but did not receive punishment for those absences.

On 30 September 1969 your commanding officer recommended that you be separated with an undesirable discharge by reason of unfitness due to frequent involvement with military authorities. After review by the discharge authority, the recommendation for separation was approved and on 17 October 1969 you were discharged with an undesirable discharge.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your Purple Heart, service in Vietnam, and your contention that undiagnosed mental illness caused your misconduct. The Board found those factors insufficient to warrant recharacterization of your discharge.
The Board noted that you were the subject of two disciplinary actions and unauthorized absences totaling more than three months. Additionally, there is no indication that you suffered from an illness that caused 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