DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 3519-06
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 3 January 2001 at age 21.
Your record shows that you received two nonjudicial punishments
(NJP's) and were convicted by a special court-martial. You were
assigned conduct adverse marks of 3.9, 1.9, 2.5 and 3.9,
apparently in connection with your disciplinary infractions. 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 4.2, 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 disciplinary record and your failure to
achieve the required average mark in conduct. The Board
concluded that your service was properly characterized anda
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,
\WeS
W. DEAN DF
Executive D
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