DEPARTMENT OF THE NAVY
BOARD F O R C O R R E C T I O N O F NAVAL R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 20370-5100
TJR
Docket No: 9446-02
14 August 2003
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 12 August 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 1 December 1964 at age 21.
You served for two years and seven months without disciplinary
incident, but on 11 July 1967, you received nonjudicial
punishment (NJP) for disorderly conduct and were awarded a
reduction to paygrade E-3, which was suspended for six months.
However, on 25 July 1967, this suspension was vacated due to your
continued misconduct. Furthermore, on 31 July 1967, you received
NJP E r impr6pGFusS ot a fire extinguisher and communicating a
threat. The punishment imposed was restriction for 14 days and a
$40 forfeiture of pay.
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- - - - -
On 18 February 1968 you received your third NJP for an attempted
theft of government property valued at $60 and absence from your
appointed place of duty. The punishment imposed was extra duty
for 10 days and a $40 forfeiture of pay.
On 19 November 1968 you were transferred to the Marine Corps
Reserve under honorable conditions. On 18 November 1970, upon
completion of your obligated service, you were issued a general
discharge.
Character of service is based, in part, on conduct and overall
trait averages which are computed from marks assigned during
periodic evaluations. Your conduct average was 3.93. An average
of 4.0 in conduct was required at the time of your discharge for
a fully honorable characterization of service.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contentions that you served
honorably for four years and that your proficiency and conduct
marks were good enough for a promotion and should have been good
enough for a honorable discharge. Nevertheless, the Board
concluded these factors and contentions were not sufficient to
warrant recharacterization of your discharge because of your
repetitive misconduct, which resulted the three NJPs, and since
your conduct average was insufficiently high to warrant an
honorable discharge. 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,
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