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NAVY | BCNR | CY2005 | 09433-05
Original file (09433-05.rtf) Auto-classification: Denied

                                             DEPARTMENT OF THE NAVY
                            BOARD FOR CORRECTION OF NAVAL RECORD
                                              2 NAVY ANNEX
                            WASHINGTON DC 20370-5100



                                                               SJN
                                                               Docket No: 09433-05
                                                               9 May 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-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 May 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Marine Corps on 31 December 1979 at age 17. On 29 January and 1 June 1981 you received nonjudicial punishment for absence from your appointed place of duty and sleeping on post. On 21 January 1982 you were convicted by summary court- martial (SCM) of two periods of unauthorized absence (UA) totaling 28 days and absence from your appointed place of duty. You were sentenced to forfeitures of pay, a reduction in paygrade, and 30 days confinement at hard labor.

On 17 February 1982 administrative discharge action was initiated to separate you under the Marine expeditions discharge program due to your inability to conform to the Uniform Code of Military Justice (UCMJ). You did not object to discharge. On
18 February 1982, your commanding officer directed a general discharge based on your conduct and proficiency marks.


Characterization of service is based in part on conduct and proficiency averages computed from marks assigned on a periodic basis. Your conduct average was 3.4. At the time of your service, a conduct average of 4.0 was required for a fully honorable characterization of service.

The Board, in its review of your application, carefully weighed all potentially mitigating factors, such as your youth. Nevertheless, the Board concluded these factors were not sufficient to warrant upgrading your discharge given the two NJP’s, the conviction by SCM, and especially your failure to attain the required average in conduct. 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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