Search Decisions

Decision Text

NAVY | BCNR | CY1999 | 01385-99
Original file (01385-99.pdf) Auto-classification: Denied
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 



Similar Decisions

  • NAVY | BCNR | CY2002 | 09219-02

    Original file (09219-02.pdf) Auto-classification: Denied

    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

    Original file (07383-98.pdf) Auto-classification: Denied

    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

    Original file (04695-98.pdf) Auto-classification: Denied

    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

    Original file (01134-01.pdf) Auto-classification: Denied

    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

    Original file (02209-99.pdf) Auto-classification: Denied

    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

    Original file (01503-10.pdf) Auto-classification: Denied

    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

    Original file (00186-99.pdf) Auto-classification: Denied

    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

    Original file (05057-99.pdf) Auto-classification: Denied

    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

    Original file (00589-07.rtf) Auto-classification: Denied

    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

    Original file (09446-02.pdf) Auto-classification: Denied

    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.