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NAVY | BCNR | CY2006 | 07492-06
Original file (07492-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-5100

 SJN
Docket No: 07492-06
26 January 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 23 January 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Marine Corps on 14 August 1978 at age 19. During the period from 21 July 1980 to 22 February 1981 you received three nonjudicial punishments (NJP’s) for failure to go to your appointed place of duty, a six-day period of unauthorized absence (UA) and absence from your appointed place of duty. Also during this period, you were counseled and warned on two occasions about your poor performance, attitude, and why you were not recommended for promotion. on 21 August 1981 you received a general discharge at the expiration of your enlistment.
Characterization of service is based in part on conduct and proficiency averages computed from marks assigned on a periodic basis. Your conduct average was 3.9. 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, time in service, your post service accomplishments, and the character letters accompanying your application. Nevertheless, the Board concluded these factors were not sufficient to warrant upgrading your discharge given the three NJP’s, the counseling warnings,
 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,


ROBERT D ZSALMAN
Acting Executive Director





























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