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NAVY | BCNR | CY2002 | 09446-02
Original file (09446-02.pdf) Auto-classification: Denied
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. 

-- 

- -  - - - 

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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