DEPARTMENT OF THE N A V Y
BOARD FOR C O R R E C T I O N O F NAVAL RECORDS
2 NAVY ANNEX
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
FC
Docket No: 09219-02
21 April 2003
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 16 April 2003. 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 3
October 1955 at age 18. On 19 June 1956, you received
nonjudicial punishment (NJP) for disrespect and were awarded
restriction. On 9 September 1956, you were convicted by summary
court martial (SCM) of a two-day period of unauthorized absence,
and were awarded hard labor without confinement, reduction to
paygrade E-1, and a forfeiture in pay. On 18 February 1957, you
received a second NJP for possession of alcoholic beverages, and
were awarded restriction. On 4 June 1957, you received a third
NJP for disorderly conduct, and were awarded reduction to
paygrade E-1.
duty under honorable conditions.
On 5 October 1961, you were released from active
Character of service is determined, in part, by conduct and
proficiency trait averages, computed from marks assigned on a
periodic basis. Your conduct and proficiency averages were 3.6
Conduct and proficiency averages of 4.0
and 3.7, respectively.
and 3.8 were required for a fully honorable characterization of
service at the time of your service.
In its review of your case, the Board carefully weighed all
potentially mitigating factors such as your youth and
immaturity, and the time that has passed since you were
discharged from the Marine Corps. However, the Board found that
these factors were not sufficient to warrant recharcterization
given your misconduct that resulted in three NJPs and one SCM.
The Board also noted your failure to attain the required
averages in conduct and proficiency. 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
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