DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 9586-05
28 March 2007
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 March 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 17 September 2001 at age 18.
Your record is incomplete and the documentation to support your
disciplinary action is not filed in your record. However, your
record of service which sets forth the proficiency and conduct
marks and the occasion those marks were assigned is available.
On 29 January and 4 April 2004 you were assigned adverse marks in
conduct of 2.9 and 2.0, respectively on the occasions of your
reduction in grade at nonjudicial punishment. Subsequently, you
were assigned three consecutive adverse marks in conduct.
Additionally, there are several counseling entries in the record.
You were released from active duty on 16 September 2005 with your
service characterized as under honorable conditions. At that
time you were not recommended for reenlistment and were assigned
‘an RE-4 reenlistment code.
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 and desire for
an honorable characterization of service to that you can receive
your Montgomery G. I. Bill benefits. The Board found that these
factors were not sufficient to warrant recharacterization of your
service given your record of misconduct and failure to achieve
the required average mark in conduct. The Board concluded that
your service was properly characterized and a correction to your
record is not 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,
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