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NAVY | BCNR | CY2007 | 11089-07
Original file (11089-07.pdf) Auto-classification: Denied
This is ine
naval record
States Code

A three-membe
Records, sitt
application o
injustice wer
regulations a
Board. Docum
your applicat
thereof, your
and policies.

After careful

record,
insufficient

 

the Bd

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 ‘TRG
Docket No: 11089-07

28 August 2008

ference to your application for correction of your
pursuant to the provisions of title 10 of the United

ection 1552.

r panel of the Board for Correction of Naval

ing in executive session, considered your

mn 26 August 2008. Your allegations of error and

© reviewed in accordance with administrative

pC procedures applicable to the proceedings of this
ntary material considered by the Board consisted of
ion, together with all material submitted in support
naval record and applicable statutes, regulations

and conscientious consideration of the entire
bard found that the evidence submitted was
to establish the existence of probable material

error or injustice.

You enlisted i

n the Marine Corps on 20 March 1973 at age 17. On

7 September 1973 you received nonjudicial punishment for an

unauthorized absence of about 45 days.
September 1972

punishment on

of unauthorize
two

marijuana,
restriction.

duty with your

conditions.

During the period from 7
to 16 February 1977 you received nonjudicial

nine occasions. Your offenses included two periods
d absence totaling about five days, possession of
instances of disobedience, disrespect and breaking
On 9 September 1977 you were released from active
service characterized as being under honorable
Subsequently, you were issued a general discharge

 

at the end of

our military obligation.

Character of service is based, in part, on conduct and

proficiency averages,
during periodi

averages were

of 4.0 in conduct was required at the time
a fully honorable characterization of servi

In its review

which are computed from marks assigned

Your conduct and proficiency

A minimum average mark
of your separation for

ce.

evaluations.
.7 and 4.3, respectively.

£ your application the Board carefully weighed all

potentially mitigating factors, such as your youth and
contention, in jeffect, that you performed your duties in an

excellent manner.

The Board found that these factors and
your discharge given your extensive disciplinary record and
failure to achieve the required average mark in conduct. 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,

 
    
  

W. DEAN PF]
Executive Di

4
cK,

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