DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No:
31 January 2001
5722-00
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 30 January 2001.
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 27
December 1974 at age 18.
nonjudicial punishment on five occasions and were convicted by a
summary court-martial.
absence of about three days,
two absences from your appointed
place of duty, two instances of assault, breach of the peace,
drunk and disorderly conduct, use of provoking speech and
gestures, disobedience, and disrespect.
Your offenses were an unauthorized
The record shows that you received
The documentation to support the discharge processing in your
case is not filed in the service record, however, it appears that
you were discharged because of a hardship situation with a
general discharge on 31 October 1977.
Character of service is based, in part, on conduct and
proficiency averages which are computed from marks assigned
during periodic evaluations.
Your conduct mark average was 3.7.
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
such as your youth and low score
potentially mitigating factors,
on the aptitude test.
The Board found that these factors were
not sufficient to warrant recharacterization of your discharge
given your record of misconduct and your failure to achieve the
required average mark in conduct.
discharge was proper as issued and no change is warranted.
The Board concluded that the
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
You are entitled to have the
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.
Sincerely,
W. DEAN
Executive Director
PFEIFFER
2
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