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NAVY | BCNR | CY2007 | 02436-07
Original file (02436-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY. ANNEX
WASHINGTON DC 20370-5100



                                             TRG
                                                                                           Docket No: 2436-07
                                                                                          7 December 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 4 December 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.
You enlisted in the Marine Corps on 12 February 1964 at age 17. During the period from 20 May 1965 to 8 May 1966, you were convicted by two special courts-martial and received a nonjudicial punishment. Your offenses were an unauthorized absence of about 35 days, theft of $150, disobedience and leaving your post without relief.
Subsequently, you served in Vietnam from 27 August 1966 to 1 August 1967. After your return to the United States, during the period from 27 November 1967 to 29 May 1968, you received nonjudicial punishment on three occasions. Your offenses were an unauthorized absence of about three days, absence from your appointed place of duty, sleeping during working hours and breaking restriction.





You were released from active duty on 2 1 August 1968 with your service
 characterized as being under honorable conditions. Subsequently, you
were issued a general discharge certificate at the end of your six
year military obligation.
Character of service is based, in part, on conduct and proficiency
averages, which are computed from marks assigned during periodic
evaluations. Your conduct mark average was 3.3. A minimum average mark of 4.0 in conduct was required at the time of your separation for a fully honorable characterization of service.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth, service in Vietnam and the contention, in effect, that you have been a good citizen for many years. The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your disciplinary record and failure to achieve the required average mark in conduct. The Board concluded that the recharacterization of service upon release from active duty and at the time of your final discharge were 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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