DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 10239-07
8 July 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 2 July 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 2 October 1980, you enlisted in the Marine Corps at age 17
with parental consent. On 26 April 1982, you were counseled
regarding your tardiness, missing movement, and warned that
further infractions could result in disciplinary action. On
24° March 1983, you had nonjudicial punishment (NUP) for a day
of unauthorized absence (UA). On 17 May 1983, you were
counseled regarding your confirmed involvement in drug abuse
and warned that further infractions could result in
disciplinary action or administrative separation. On
28-July 1983, you had NUP for willful disobedience of a lawful
order, drunk and disorderly conduct, and intent to defraud.
On 4 February 1984, you were counseled regarding your confirmed
involvement of illegal drug use and warned that further
infractions could result in disciplinary action or
administrative separation. During the period 7 April to
1 August 1984, you participated in contingency operations and
security support in Beirut Lebanon. On 20 September 1984, you
had NUP for use of marijuana. On 2 October 1984, you were
released from active duty under honorable conditions due to the
completion of required active service. On 8 September 1986,
you were separated with a general discharge due to the
expiration of obligated service.
Characterization of service is determined by a service member's
conduct, actions, performance and marks assigned on a periodic
basis. Minimum acceptable average proficiency and conduct
marks of 3.0 and 4.0, respectively, are required to form the
basis for a fully honorable characterization of service. Your
average proficiency and conduct marks were 4.1 and 3.8,
respectively. Given your disciplinary record and failure to
attain the conduct mark average required for a fully honorable
characterization of service, the Board found that your service
did not warrant an 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 desire for an honorable discharge. Nevertheless, the Board
found that these factors were not sufficient to warrant
recharacterization of your service due to your overall service
record. 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,
ys
W. DEAN PF FRR
Executive D Cc
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