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NAVY | BCNR | CY2007 | 00426-07
Original file (00426-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370~5 100






 SMW
 Docket No: 00 426-07
12 July 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 11 July 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.
On 13 May 1958 you enlisted in the Marine Corps Reserve at age 22 after a prior period of honorable service in the Army. On 29 May 1958 you began a period of extended active duty. During the period from 14 January 1959 to 21 March 1960 you received five nonjudicial punishments (NJP’s) and were convicted by two summary courts-martial’s (SCM’s) . Your offenses included two instances of disorderly conduct, five instances of disrespect, three instances of drunk and disorderly conduct, assault, and failure to obey a lawful order.
On 9 January 1961 you were convicted by special court—martial (SPCM) of disrespect and assault. The sentence included confinement at hard labor (CHL), forfeitures of pay, reduction in rank and a bad conduct discharge (BCD) . However, the supervisory authority only approved the CHL, forfeitures of pay, and reduction in rank. You then served without incident for more than a year. On 14 March 1962 you were released from active duty
 under honorable conditions by reason of expiration of enlistment. On 12 May 1964 you were separated with a general discharge due to expiration of obligated service.
Characterization of service is determined, in part, by overall proficiency and conduct averages computed from marks assigned on a periodic basis. Your final proficiency and conduct mark averages were 4.0 and 3.8, respectively. Averages of 3.8 in proficiency and 4.0 in conduct were required for a fully honorable characterization of service.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your prior period of honorable service and regret for your actions. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to your repetitive misconduct and failure to attain the minimum conduct mark average required for a fully honorable characterization of service. Given your pattern of misconduct, the Board noted that you were fortunate to have received a general discharge. Therefore, the Board concluded that the discharge was proper as issued and no change is 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,


                                                                        W. DEAN PFEIFFER
 Executive Director

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