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NAVY | BCNR | CY2007 | 07051-07
Original file (07051-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


TJR
                                                                                          Docket No: 7051-07
                                                                                          22 May 2008







This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 20 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.
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.
You enlisted in the Marine Corps on 18 July 1974 at age 18 and served without disciplinary incident until 12 November 1975, when you received nonjudicial punishment (NJP) for a one day period of unauthorized absence (UA). The punishment imposed was a $50 forfeiture of pay and restriction for 15 days.
On 4 May 1976 you received NJP for disobedience and disrespect. The punishment imposed was an unspecified forfeiture of pay and extra duty for 15 days. Subsequently, you submitted a written request for an early release from active duty. On 8 July 1976 you acknowledged approval of your request in conjunction with a ‘Weekend Early Release’ and nonrecommendatjon for reenlistment due to frequent involvement of a discreditable nature with military authorities.


On 16 July 1976, while serving in paygr ade E-2, you were released from
 active duty under honorable conditions. On 16 July 1980, at the
expiration of your enlistment, you were issued a general discharge.
Character of service is based, in part, on’ conduct and overall trait averages which are computed from marks assigned during periodic evaluations. Your conduct average was 3.9. An average of 4.0 in conduct was required at the time of your discharge 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 youth and desire to upgrade your discharge to honorable. It also considered your assertion that you were issued a general discharge because you were separated on a Friday instead of a Monday for pay purposes. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your repetitive misconduct which result in two NJPs, and since your conduct average was insufficiently high to warrant an honorable discharge. 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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