DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 10235-07
26 June 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 25 June 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.
On 8 February 1974, you enlisted in the Marine Corps at age 17
with parental consent. On 17 July 1974 and 15 January 1975,
you had nonjudicial punishment (NUP) for three instances of
unauthorized absence (UA) totaling about ten days. During the
period 4 August to 9 September 1975, you were in a UA status on
two occasions totaling about 28 days. On 9 September 1975, you
received a letter of deficiency from your commanding officer.
On 17 September 1975, you had NUP for the two UA's that totaled
28 days. On 2 December 1975, you were relieved from your
duties as guard for security reasons. On 15 January 1976, you
received another letter of deficiency from your commanding
officer. On 28 January 1976, a psychiatric evaluation stated
that you had an immature personality.
On 5 March 1976, your commanding officer initiated
administrative separation processing under the Marine Corps '
expeditious discharge program, and recommended a general
discharge. In connection with this processing, you
acknowledged the discharge recommendation and did not object.
On 15 March 1976, the separation authority approved the
discharge recommendation and directed a general discharge by
reason of convenience of the government under the expeditious
discharge program. On 23 March 1976, you were so discharged.
Characterization of service is based, in part, on conduct and
proficiency averages computed from marks assigned on a periodic
basis. Your proficiency and conduct averages were 4.0 and 3.9,
respectively. An average mark 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 potential mitigation, such as your youth
and belief that your discharge would automatically change to
honorable. Nevertheless, the Board found that these factors
were not sufficient to warrant recharacterization of your
service due to the seriousness of your repetitive misconduct and
failure to attain the conduct average required for a fully
honorable characterization of service. Furthermore, you are
advised that there is no provision in the law or regulations
that allows for recharacterization of service due to the passage
of time. 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,
LWW aay
DEAN PFE
Executive D
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