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 N A W ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 1832-99
31 August 1999
*
This is in reference to your application f$r correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Board for Corr ction of Naval
Records, sitting in executive session, con idered your
application on 24 August 1999. Your alleg tions of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to tbe proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all materi 1 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Marine Corps on 13 January
1975 at the age of 18. Your record reflects that during the
period from 29 July to 9 October 1975 you received nonjudicial
punishment (NJP) on four occasions for three incidents of absence
from your appointed place of duty, three incidents of failure to
go to your appointed place of duty, and disobedience.
On 16 October 1975 you were notified of pending separation action
by reason of unsuitability. At this time you waived your rights
to consult with legal counsel and to submit a statement in
rebuttal to the separation. Subsequently, your commanding
officer recommended you be issued a general discharge by reason
of unsuitability. The discharge authority approved the foregoing
recommendation and directed your commandin officer to issue you
a general discharge and on 10 December 197 you were so
discharged.
Character of service is based, in part, on, conduct and overall
trait averages which are computed from mar s assigned during
periodic evaluations. Your conduct averag was 3.2. An average
mark of 4.0 in conduct was required at the time of your
separation for a fully honorable character 1 zation of service.
The Board, in its review of your entire reqord and application,
carefully weighed all potentially mitigatiog factors, such as
your youth and immaturity, and your conten$ion that you would
like your discharge upgraded. However, th+ Board concluded these
factors were not sufficient to warrant rec aracterization of your
discharge given your frequent misconduct w 4 ich resulted in four
NJPs and since your conduct average was ingufficiently high to
warrant an honorable discharge. Given all the circumstances of
your case, the Board concluded your discha ge was proper and no
change is warranted. Accordingly, your ap lication has been
denied.
a
The names and votes of the members of the 4anel 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
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