DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJUN
Docket No: 03372-08
27 February 2009
mntitihiinn
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 24 February 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 26 September 1966. On 6 September 1967, you received
nonjudicial punishment (NUP) for going from your appointed place
of duty. On 8 December 1967, you were convicted by special
court-martial (SPCM) of a brief period of unauthorized absence
(UA), being an accessory after the fact, assault, and possessing
a false liberty pass. You were sentenced to confinement at hard
labor, a forfeiture of pay, and a reduction in paygrade. On 6
September 1968, you received a second NJP for two days of UA.
Based on the information currently contained in your record it
appears you were released under honorable conditions from active
duty on 15 November 1968. At that time, you were not recommended
for retention due to your repeated misconduct.
Characterization of service is based in part on conduct and
proficiency averages computed from marks assigned on a periodic
basis. Your conduct average was 3.8. At the time of your
service, a conduct average of 4.0 was required for a fully
honorable characterization of service.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and time served in Vietnam. Nevertheless, the
Board concluded these factors were not sufficient to warrant
upgrading your discharge given the two NJP’s, conviction by SPCM,
and your failure to attain the required average in conduct.
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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