D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 1385-99
21 July 1999
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 N a n 1
Records, sitting in executive session, considered your
application on 20 July 1999. 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 21 April
1954 at age 17. On 4 November 1954 you received nonjudicial
punishment for assault. On 20 April 1957 you were released from
active duty with your service characterized as honorable. At
t h a t time, t h e average of all your evaluations in conduct was
4.0.
On 24 July 1957 you joined a reserve unit. Subsequently, you
were assigned adverse marks of 3.5 on two occasions. You
transferred to the Individual Ready Reserve on 5 March 1958 and
had no further participation in the Marine Corps Reserve. You
were issued a general discharge on 20 April 1962 at the end of
your military obligation.
Character of service is based, in part, on conduct and
proficiency averages which are computed from marks assigned
during periodic evaluations. Your conduct and proficiency
averages, for your active duty and reserve service, were 3.9 and
3.6, respectively. A minimum average mark of 4.0 in conduct was
required at the time of your separation for a fully honorable
characterization of service.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, and
contention, in effect, that you should have an honorable
discharge because the DD Form 214 shows that the character of
your service was honorable. The Board found that these factors
and contentions were not sufficient to warrant recharacterization
of the general discharge given your failure to achieve the
required average mark in conduct. As indicated, a 4.0 average in
conduct allowed your service to be characterized as honorable on
release from active duty. However, the subsequent adverse marks
while you were in the Marine Corps Reserve reduced the average
below the required 4.0. 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.
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
NAVY | BCNR | CY2002 | 09219-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 April 2003. 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. On 4 June 1957, you received a third NJP for disorderly conduct, and were awarded reduction to paygrade E-1.
NAVY | BCNR | CY1998 | 07383-98
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 August 1999. The Board concluded that the foregoing factors and contentions were insufficient to warrant recharacterization of your discharge given your record of two NJPs, three summary courts-martial convictions, and a special court-martial conviction. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY1998 | 04695-98
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 August 1999. The record further reflects two periods of UA from 2-10 June and 22-23 June 1971, for which no disciplinary action is shown in the record. 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.
NAVY | BCNR | CY2001 | 01134-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 April 2002. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY1999 | 02209-99
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. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2010 | 01503-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 October 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY1999 | 00186-99
You were sentenced to confinement at hard labor for six months, forfeitures of $44 per month for six months, and a bad conduct discharge. On 25 March 1957 you waived your right to restoration to duty and requested execution of the bad conduct discharge. Thereafter, the Navy Board of Review approved only a finding that found you guilty of unauthorized absence from 28 December 1956 to 1 February 1957.
NAVY | BCNR | CY2001 | 05057-99
your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. 1960 you were separated under honorable conditions and transferred to the Marine Corps Reserve. conduct and proficiency averages of 4.0 and 3.8, respectively, were required for a fully honorable characterization of service at the time of separation.
NAVY | BCNR | CY2007 | 00589-07
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 on 15 May 1954 at age 18. You were issued a general discharge on...
NAVY | BCNR | CY2002 | 09446-02
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. An average of 4.0 in conduct was required at the time of your discharge for a fully honorable characterization of service. 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.