DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 11334-07
14 November 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 13 November 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 5 July 1983 at age 18 and
served for two years and two months without disciplinary
incident, but on 6 September and 5 December 1985, you received
nonjudicial punishment (NJP) for disobedience and a four day
period of unauthorized absence (UA). About a year later, on 19
December 1986, you received NUP for disrespect and were awarded a
$167 forfeiture of pay.
On 5 May 1987 you were convicted by special court-martial (SPCM)
of assault and disrespect. You were sentenced to confinement at
hard labor for 30 days and a $200 forfeiture of pay.
On 28 July 1987 you were released from active duty under
honorable conditions. On 29 December 1988, upon completion of
your obligated service, you were issued an honorable discharge
certificate.
Character of service is based, in part, on conduct and overall
proficiency averages which are computed from marks assigned
during periodic evaluations. An average of 4.0 in conduct was
required at the time of your release from active duty for a fully
honorable characterization of service. However, your average was
3.8.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and assertion that your
characterization of service at the time of your release from
active duty should have been honorable since you served for six
years. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your release from
active duty because your marks were insufficiently high to
warrant a fully honorable characterization of service due to your
misconduct, which resulted in three NUPs and a court-martial
conviction. 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,
\pQaad
W. DEAN PF FRR
Executive Di
NAVY | BCNR | CY2008 | 08034-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 June 2009. 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. About six months later, on 30 December 1966 you received NUP for a four day period of unauthorized absence (UA) and disorderly conduct.
NAVY | BCNR | CY2009 | 12366-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 September 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2007 | 08119-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 October 2008. 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. An average of 3.0 in conduct was required at the time of your discharge for a fully honorable characterization of service.
NAVY | BCNR | CY2007 | 08684-07
A thfee-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 October 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2011 | 01057-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 November 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 03701-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 January 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 07401-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 May 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2013 | NR4660 13
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. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in your characterization of service given-your NUP, SPCM conviction, and failure to attain the required average in conduct. Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2008 | 01637-08
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. Characterization of service is determined by a service member's conduct, actions, performance and marks assigned on a periodic basis. The Board also considered your contention that your service warranted an honorable characterization of service.
NAVY | BCNR | CY2010 | 05234-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 March 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...