DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 8198-07
9 October 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 8 October 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 15 August 1978 at age 18.
You served six months without disciplinary incident, but during
the period from 26 January to 1 November 1979, when you received
nonjudicial punishment (NJP) on four occasions for dereliction of
duty, two specifications of sleeping on watch, a 14 day period of
unauthorized absence (UA), and absence from your appointed place
of duty. You were also convicted by summary court-martial (SCM)
of two periods of absence from your appointed place of duty.
Subsequently, in February 1980, you were processed for an
administrative discharge by reason of convenience of the
government in accordance with the Marine Corps Expeditious
Discharge Program. At that time you did not object to the
discharge. Your commanding officer recommended discharge under
honorable conditions by reason of convenience of the government.
The discharge authority approved this recommendation and directed
discharge under honorable conditions, and on 27 February 1980 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 2.8. An average
of 4.0 in conduct was required at the time of your separation 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. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your repetitive
misconduct which resulted in four NJPs and a court-martial
conviction, 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,
Lo Ne
W. DEAN E
Executive Diredtor
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