. DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 11122-06
23 March 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 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 22 February 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.
The Board found that you enlisted in the Marine Corps on 26 June
1961. The record reflects that you received three nonjudicial
punishments and were convicted by summary and special courts-
martial. Your offenses included unauthorized absences totaling
41 days, failure to obey a lawful order, failure to go to your
appointed place of duty, absence from your appointed place of
duty on two occasions, and failure to maintain security of a
weapon. On 10 August 1964 you were separated under honorable
conditions and transferred to the Marine Corps Reserve.
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 both 3.7. Minimum average marks of 4.0
in conduct and 3.8 in proficiency were 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 the contention that —
.
racial prejudice caused your misconduct. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your service, given your five disciplinary
actions as well as the fact that both of your averages were
insufficiently high to warrant a fully honorable discharge.
Concerning your contention of racism, you have submitted no
evidence to support such a contention and the record contains no
such evidence. 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 PFEWF
Executive D
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