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NAVY | BCNR | CY2007 | 04246-07
Original file (04246-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                                      2NAVYANNEX
WASHINGTON DC 20370-5100





 SMW
 Docket No: 4246-07
 8 November 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 7 November 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 7 December 1970, you enlisted in the Marine Corps at age 17 with parental consent. Based on the information currently contained in your record, it appears that your commanding officer subsequently initiated administrative separation by reason of convenience of the government due to unsuitability. In connection with this processing, you would have acknowledged the separation action and been given an opportunity to submit a statement. A recruit depot aptitude board subsequently recommended a general discharge by reason of convenience of the government due to unsuitability because of a defective attitude. Apparently, the separation authority approved the recommendation and directed a general discharge by reason of convenience of the government due to unsuitability. On 17 February 1971, you were so discharged.
Characterization of service is determined by a member’s overall service record, and proficiency and conduct mark averages computed from marks assigned on a periodic basis. Averages of 3.8 in proficiency and 4.0 in conduct were required to form the
 basis for a fully honorable characterization of service. Although no proficiency and conduct marks are currently contained in your record, it appears that the separation authority determined that your overall service record warranted a general characterization of service.
The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your youth. The Board also considered your contention of being verbally and physically attacked while at recruit training. Nevertheless, given your discharge due to unsuitability because of a defective attitude and own admission of being assigned to the conditioning platoon and motivation platoon, and being insubordinate and uncooperative to your drill instructors, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge. Regarding your contention, there is no evidence in the record of verbal or physical abuse. 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,

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