DEPARTMENT OF THE NAVY
BOARD FOR GORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 2594-08
20 November 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 19 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.
On 2 November 1970, you enlisted in the Marine Corps at age 17
with parental consent. During the period 14 August 1972 to
30 January 1973, you had nonjudicial punishment on three
occasions and a suspended punishment vacated. Your offenses
included three instances of failure to obey a lawful order,
possession of two liberty cards, possession of a military
identification card that you reported lost or stolen and
reporting the replacement identification card as being lost or
stolen. On 1 November 1973, you were released from active duty
under honorable conditions due to the expiration of your active
service. On 9 September 1976, you were separated with a
general discharge due to the expiration of your obligated
service.
Characterization of service is determined by a service member's
conduct, actions, and proficiency and conduct marks assigned on
a periodic basis. Minimum acceptable average proficiency and
conduct marks of 3.0 and 4.0, respectively, were required to
form the basis for a fully honorable characterization of
service. Your average proficiency and conduct marks were 3.9
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 warranted a general characterization of service.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth,
desire for an honorable discharge, and the passage of time. The
Board also considered your explanation of events regarding one
of your NJP's. Nevertheless, the Board found that these factors
and explanation were not sufficient to warrant
recharacterization of your service due to your overall service
record. You are further advised that there is no provision in
the law or regulations that allows for recharacterization due
solely to the passage of time. 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,
\ Waa
W. DEAN PPETNCH
Executive Dike\ v
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