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NAVY | BCNR | CY2007 | 04265-07
Original file (04265-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                           2 NAVY ANNEX
                 WASH I NGTON DC 20370-5100
 CRS
Docket No: 4265-07
29 May 2008






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 29 May 2008. 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.
The Board found that you enlisted in the Marine Corps on 25 January 1960. You received eight nonjudicial punishments. The offenses included unauthorized absences totaling three days, striking an armed forces policeman, failure to obey a lawful order, failure to get up, absence from appointed place of duty, failure to obey a lawful order, and possession of alcohol in the barracks. On 24 January 1964 you were released from active duty and transferred to the Marine Corps Reserve with a characterization of service of honorable. On 24 January 1966 you received a general discharge from the Marine Corps Reserve upon the expiration of your enlistment.
Characterization of service is based, in part, on one’s conduct and proficiency averages, both of which are computed from marks assigned during periodic evaluations. Your conduct and proficiency averages were 3.9 and 4.0, respectively. A minimum conduct mark of 4.0 was required for a fully honorable characterization of service at the time of your separation. In addition, the Board concluded that an honorable characterization of service is not warranted in your case, given your extensive disciplinary record. The fact that your service was characterized as honorable in 1964 when you were released from active duty did not mandate that you be awarded an honorable discharge at the expiration of your enlistment in 1966. Furthermore, the Board concluded that you have not demonstrated that you were the victim of racial discrimination.


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.
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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