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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 11357-07
19 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 18 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 12 February 2002 at age 19
and served without disciplinary incident.
Your record contains two administrative remarks entries dated 16
March and 17 May 2004 which state that you were counselled
regarding your unsatisfactory performance as evidenced by your
failure to meet required goals while assigned to a body
composition program.
On 11 February 2006 you were released from active duty under
honorable conditions. In this regard, character of service is
based, in part, on conduct and proficiency averages which are
computed from marks assigned during periodic evaluations. Your
conduct average was 3.9. 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.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and assertion that your characterization of service at
the time of your release from active duty should be honorable.
It also considered your assertion that you could not exercise to
meet weight standards because of an injury. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your release from active because your marks
were insufficiently high to warrant a fully honorable
characterization of service. 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,
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