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NAVY | BCNR | CY2006 | 03194-06
Original file (03194-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
          WASHINGTON DC 20370-5100


                                                      SJN
                                                      Docket No: 03194-06
                                                                                           14 September 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 i5H~.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 September 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 27 August 1968 at age 17. During the period from 27 March 1969 to 1 May 1970, you received three nonjudicial punishment’s (NJP’s) for a brief period of unauthorized absence, possession of marijuana, and failure to observe morning reveille.
On 8 July 1970 your commanding officer recommend administrative separation by reason of unsuitability after you were diagnosed with a character and behavior disorder. It appears that you were afforded all of your procedural rights including the opportunity to submit a statement on your behalf. On 20 July 1970 your commanding general directed separation by reason of unsuitability with a general discharge. You were so discharged on 31 July
1970.
Characterization of service is based in part on conduct and proficiency averages computed from marks assigned on a periodic basis. At the time of your service, conduct and overall trait averages of 4.0 and 3.8 were required for a fully honorable characterization of service. Your conduct average was 3.9.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, time in service, and the letter from the National Institute of Child Health and Human Development dated 6 July 1989. However, the Board found that these factors were not sufficient to warrant a change in your characterization of service given the three NJP’s, one of which was for drug possession and your failure to attain the required conduct average. 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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