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NAVY | BCNR | CY2007 | 00116-07
Original file (00116-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 SJN
 Docket No: 00116-07
29 June 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 June 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 28 February 1959 at age 19. On 11. October 1960 you were convicted by civil authorities of driving without a permit. During the period from 12 October 1959 to 25 June 1962 you received three nonjudicial punishments (NJP’s) for failure to go to your appointed place of duty, having an unclean riffle magazine, and two periods of unauthorized absence (UA) totaling five days. You were also convicted by three special court-martial’s (SPCM’s) of three periods of UA totaling 129 days. On 19 December 1962 and 22 January 1963 you were convicted by civil authorities of drunkenness and simple assault and battery. Finally, on 14 October 1963 you received a fourth NJP for wrongful appropriation.
On 8 April 1964 you were released under honorable conditions at the expiration of your enlistment and transferred to the Marine Corps Reserve. On 8 April 1966, upon completion of your military obligation, you were issued a general discharge.
 Characterization of service is based in part on conduct and proficiency averages computed from marks assigned on a periodic basis. Your conduct average was 3.4. 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 and overall period of service. Nevertheless, the Board concluded these factors were not sufficient to warrant upgrading your discharge given the three civil convictions, four NJP’s, the three convictions by SPCM for periods of UA totaling over four months, and especially your failure to attain the required average in conduct. The Board also noted that you were fortunate to receive a general discharge after so much misconduct. 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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