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NAVY | BCNR | CY2005 | 07016-05
Original file (07016-05.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
          BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
         TRG
 Docket No:7016-05
          12       February         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 1~552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 February 2007. 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.
You enlisted in the Marine Corps on 26 March 1964 at age 17. On 19 December 1964 you received nonjudicial punishment for possession and consumption of alcoholic beverages. You then served in Vietnam from 12 April to 19 November 1965. During this period, you were convicted by a summary court-martial of disobedience and assaulting a noncommissioned officer.
During the period from 28 April 1965 to 5 October 1966, you received nonjudicial punishment on three occasions. Your offenses were disobedience, disrespect, assault, breaking restriction and a two day period of unauthorized absence. Additionally, you were convicted by civil authorities on two occasions of drunk and disorderly conduct, speeding, reckless driving and driving without a drivers license. On 10 October 1966 you were counseled and warned that further misconduct could lead to an administrative discharge.
You were released from active duty under honorable conditions on 27 March 1967. Subsequently, you were issued a general discharge certificate at the end of your military obligation. Character of service is based, in part, on conduct and proficiency averages, which are computed from marks assigned during periodic evaluations. Your conduct and proficiency averages were 3.8 and 4.1, respectively. A minimum average mark of 4.0 in conduct was required at the time of your separation for a fully honorable characterization of service.






In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth, service in Vietnam, and your claim of good post service conduct. The Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of misconduct and failure to achieve the required average mark in conduct. The Board concluded that the discharge was proper as issued and no change is warranted.
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 EIFFER
 Executive Director
















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