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NAVY | BCNR | CY2005 | 05076-05
Original file (05076-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
          WASHINGTON DC 20370-5100



                                             CRS
                                             Docket No: 5076-05
                                                                                  3 March 2006








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-meip1~er panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 February 2006. 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 30 May 2000. The record reflects that you received two nonjudicial punishments. The offenses included an unauthorized absence of 50 days, absence from your appointed place of duty, disrespect, disobedience of a lawful order, drunk on duty, failure to obey a lawful order and hazing new recruits. Thereafter, on 20 June 2004 you were released from active duty under honorable Conditions and transferred to the Marine Corps Reserve.
Character of service is based, in part, on one’s conduct and proficiency averages, both of which are computed from marks assigned during periodic evaluations. Your conduct and proficiency averages were both 3.9. A minimum average conduct mark of 4.0 was required for a fully honorable characterization of service at the time of separation.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth. However, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge given the two disciplinary
 ac tions as well as the fact that your conduct average was insufficiently high to warrant a fully 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,




                                                               W. DEAN PFEIFFER
                                                               Executive Director

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