DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7629-06
18 January 2008
Dear Ti.
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 12 December 2007. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations.and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
together with all material submitted in support
regulations
Board.
your application,
thereof, your naval record and applicable statutes,
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.
The Board found that you enlisted in the Marine Corps on 26 July
1974. You received four nonjudicial punishments for offenses
that included dereliction of duty, sleeping on watch, absence
from appointed place of duty, failure to obey a lawful order, and
unauthorized absence. You received a general discharge on 19
March 1976 under the provisions of the Expeditious Discharge
Program then in effect.
Character of service is based, in part, on one’s conduct and
proficiency averages, both of which are computed from marks
assigned during periodic evaluations. Your conduct and
proficiency averages were 3.30 and 3.05, respectively. A minimum
average conduct mark of 4.0 was required for a fully honorable
characterization of service at the time of your separation.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your physical problems,
service in Cambodia, and the contention that you left the Marine
Corps due to its refusal to change your military occupational
specialty (MOS). The Board concluded that those factors were
insufficient to warrant recharacterization of your discharge
given your extensive disciplinary record and the fact that your
conduct average was too low to warrant an honorable discharge.
In this regard, there is nothing in your record about a change in
your MOS. 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,
Executive
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