DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 02192-08
12 March 2009
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 10 March 2009. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps on 26 July 1974. Between April
and June of 1976 you received three nonjudicial punishments
(NJP). Your offenses were disobedience, 22 hours of
unauthorized absence and failure to go to your appointed place
of duty. Due to your disciplinary record and final average
conduct mark of 3.8 your release from active duty on 9 July 1976
was characterized as under honorable conditions (general) and
your discharge from the Marine Corps on 10 July 1980 was
likewise characterized as general.
In its review of your application the Board concluded that in
view of your frequent acts of misconduct and your failure to
achieve a final average conduct mark of 4.0 you were properly
issued a general discharge. The Board also noted that you were
counseled on numerous occasions during your time on active duty
due to unsatisfactory performance of duty.
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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