DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4072-08
16 January 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 14 January 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.
On 17 May 1980, you enlisted in the Marine Corps at age 18.
On 30 May and 16 July 1980, you had nonjudicial punishment
(NJP) for disrespect and an unspecified offense. During the
period 26 November 1980 to 26 January 1981, you were in an
unauthorized absence status on two occasions totaling about
nine days and it appears that no disciplinary action was taken
for these offenses. Based on the information currently
contained in the record, it also appears that your commanding
officer subsequently initiated administrative separation by
reason of convenience of the government due to substandard
behavior. In connection with this processing, you would have
acknowledged the separation action and that your
characterization of service would be determined as warranted by
your service record. Apparently, the separation authority
approved the discharge recommendation. On 20 February 1981,
you were separated with a general discharge by reason of
convenience of the government due to substandard behavior.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and desire for an honorable discharge. Nevertheless, the Board
found that these factors were not sufficient to warrant
recharacterization of your service. In this regard,
characterization of service for members who are discharged by
reason of convenience of the government is determined by their
conduct, actions, and overall 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 4.0 and 3.86, respectively. Given your
failure to attain the conduct mark average required for a fully
honorable characterization of service and NUP, the Board found
that your service warranted a general characterization of
service. 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.
The Board noted that as a result of your general
characterization of service, you may be eligible for veterans'
benefits. You should contact the nearest office of the
Department of Veterans Affairs if you desire clarification
about your eligibility for those benefits.
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,
\p f
Deas
W. DEAN PFE
Executive Di tor
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