DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 430-07
19 July 2007
Dear
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 18 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 25 October 1956 you enlisted in the Marine Corps Reserve at
age 19 after a period of honorable service in the National Guard.
On that same date, you began a period of active duty and served
without incident for more than a year. On 15 January and
9 October 1958 you received nonjudicial punishment (NJP) for
leaving your post before being properly relieved and leaving the
limits of the barracks without permission. On 25 October 1958
you were released from active duty under honorable conditions by
reason of termination of active service. On 24 October 1962 you
were separated with a general discharge due to expiration of
obligated service.
Characterization of service is determined, in part, by
proficiency and conduct averages computed from marks assigned on
a periodic basis. Your final proficiency and conduct mark
averages were 4.1 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. The Board also
considered your contention that you received the Good Conduct
Medal (GCM). Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of your
discharge due to your misconduct and failure to attain the
minimum conduct mark average required for a fully honorable
characterization of service. Regarding your contention, there is
no evidence in the record to show that you were awarded the GCM.
The GCM commencement date reflected in block 32 of your DD Form
214 does not show that you received the award, but only reflects
the date of your last NUP. 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 PFEIRFE
Executive Di
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