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Decision Text

NAVY | BCNR | CY2003 | 01919-03
Original file (01919-03.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC

 

20!370-5100

FC
Docket No: 01919-03
29 August 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 27 August 2003.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,

Documentary material considered by the Board consisted

Your allegations of error and

~ 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.

You served without incident until 21 May

The Board found that you enlisted in the Marine Corps on 1
January 1962 at age 17.
1963, when you were convicted by special court martial (SPCM) of
a 62-day period of unauthorized absence, and were sentenced to a
reduction to 
forfeitures of pay.
by a second SPCM of a 48-day period of unauthorized absence.
sentence of the court extended to forfeitures of'pay and
confinement at hard labor.

paygrade E-l, confinement at hard labor and

On 10 December 1964, you were convicted of

.

The

On 15 February 1965, a physical evaluation board recommended that
On 2 March
you be discharged by reason of physical disability.
1965, the separation authority directed that you be discharged by
reason of physical disability without severance pay.
1965, you received a general discharge.

On 17 March

Characterization of service is determined, in part, by conduct
and proficiency averages, computed from marks assigned on a
periodic basis.
An average of 4.0
was required at the time of your separation for a fully honorable
characterization of service.

Your conduct average was 3.8.

the Board carefully weighed all

However, the Board found that these factors were

In its review of your case,
potentially mitigating factors such as your youth and
immaturity, the length of time that has passed since you were
discharged from the Marine Corps, and your post service
employment.
not sufficient to warrant recharacterization of your discharge
given your failure to obtain the conduct average required for a
fully honorable characterization of service.
noted your contention that you were 16 years old when you
enlisted.
submitted none, to support your contention that you were under
the legal age for enlistment.
Further, you apparently provided
the recruiters a birth certificate that showed you were 17 years
of age at the time of your enlistment.
application has been denied.
of the panel will be furnished upon request.

there is no evidence in your record, and you

Accordingly, your

The names and votes of the members

However,

The Board also

It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
it is important to keep in mind that
the Board.
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.

You are entitled to have

In this regard,

Sincerely,



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