DEPARTMENT OF THE NAVY
BOARD FOR CORREC11ON OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

CRS
Docket No: 3304-07
16 May 2008

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 14 May 2008. 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 5 September 1972. You received five nonjudicial punishments and were convicted by two summary courts-martial and a special court-martial. The offenses included unauthorized absences totaling 13 days, driving without a license, absence from appointed place of duty, failure to obey a lawful general order, stealing a government motorcycle, disobedience of a lawful order, making a false official statement, leaving your post without relief, and willful disobedience of a lawful order. On 21 November 1975 you were released from active duty and transferred to the Marine Corps Reserve with a characterization of service of under honorable conditions.

The Board did not accept your contention that you served honorably. It noted that your conduct and proficiency averages were 3.7 and 4.2, respectively. A minimum conduct mark of 4.0 was required for a fully honorable characterization of service at the time of your release from active duty. You did not meet that criteria because of your extensive disciplinary record. 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,

ROBERT D.ZSALMAN
Acting Executive Director