DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2
NAW ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 2418-00
25 August 2000
Your allegations of error and
Dear
This is in reference to your application for 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 Correction of Naval
Records, sitting in executive session, considered your
application on 23 August 2000.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 17
November 1966 at age 20.
five nonjudicial punishments and were convicted by a summary
court-martial and a special court-martial.
totalling 11 days, absence from your
unauthorized absences
appointed place of duty, sleeping on post, being off-limits,
dereliction of duty,
failure to obey curfew, stealing a cargo
truck, appearing in an improper uniform and having a false
identification card.
Subsequently, on 16 November 1969 you were
separated under honorable conditions and transferred to the
Marine Corps Reserve.
Character of service is based, in part, on one's conduct and
proficiency averages, both of which are computed from marks
assigned during periodic evaluations.
proficiency averages were 3.9 and 3.7, respectively.
Minimum
average marks of 4.0 in conduct and 3.8 in proficiency were
required for a fully honorable characterization of service at the
time of your separation.
The record reflects that you received
The offenses included
Your conduct and
.
However, the Board concluded
In this regard, no law or military
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and immaturity
and the contention that you were told that the discharge would be
upgraded after a period of time.
that these factors were not sufficient to warrant
recharacterization of your discharge due to your seven
disciplinary actions as well as the fact that your conduct and
proficiency averages were insufficiently high to warrant a fully
honorable discharge.
regulation provides for upgrading a discharge based solely on the
passage of time.
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.
Accordingly, your application has been denied.
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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