DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
12 May 1999
6016-98
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 11 May 1999.
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.
Your allegations of error and
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 13
August 1970 at age 19.
Your offenses were a
nonjudicial punishment on four occasions.
short period of unauthorized absence, assault, disobedience and
disrespect.
The record shows that you received
Because of leg pain caused by the residuals of a gun shot wound
you received prior to entering the Marine Corps, you were
processed for a medical discharge.
recommendation for discharge was approved due to a physical
disability ,which existed prior to your entry in the Marine
Corps.
You received a general discharge on 3 July 1972.
Subsequently, a medical board
Character of service is based, in part, on conduct and
proficiency averages, which are computed from marks assigned
during periodic evaluations.
A minimum average mark of 4.0 in conduct was required at the time
of your separation for a fully honorable characterization of
service.
Your conduct mark average was 3.8.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
documentation you submitted showing that you have been a good
citizen for many years.
contention, in effect, that your disciplinary problems occurred
because you were under stress due to the physical problem which
led to your discharge.
contentions were not sufficient to warrant recharacterization of
your discharge given your disciplinary record and failure to
achieve the required average mark in conduct.
found that leg pain was not sufficient to excuse or mitigate your
misconduct.
The Board concluded that the discharge was proper as
issued and no change was warranted.
The Board found that these factors and
The Board also considered your
The Board further
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
It is regretted that the circumstances of your case are such that
favorable action cannot be taken.
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.
You are entitled to have the
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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