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NAVY | BCNR | CY2004 | 06867-04
Original file (06867-04.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 TJR
 Docket No: 6867-04
21 March 2005


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 15 March 2005. 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 27 December 1973 at age 17. You served without disciplinary incident until 29 July 1975, when you received nonjudicial punishment (NJP) for disobedience and disrespect. The punishment imposed was a $75 forfeiture of pay, which was suspended for 90 days.
On 22 November 1974 you were convicted by summary court-martial (SCM) of a 122 day period of unauthorized absence (UA). You were sentenced to reduction to paygrade E-1, a $150 forfeiture of pay, and restriction for 15 days.
Subsequently, on 26 April 1976, you were released from active duty under honorable conditions, and on 3 April 1978, you received a general discharge upon the expiration of your obligated service.
 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 3.2. An average of 4.0 in conduct was required at the time of your separation 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 assertion that you were not advised of the type of discharge you were to receive. It also considered your assertion that you were undergoing hardships from psychological issues. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your serious misconduct, and since your conduct average was insufficiently high to warrant a fully honorable characterization of service. Further, there is no evidence in the record, and you submitted none, to support your assertions. 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 PFIEFFER
         Executive Director

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