DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4379-08
5 February 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 4 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.
On 24 November 1987, you enlisted in the Marine Corps at
age 19. On 24 March and 7 July 1989, you were counseled
regarding deficiencies in your performance and conduct.
On 20 August 1990, you had nonjudicial punishment for operating
a motor vehicle with a suspended license, driving under the
influence of alcohol, and disobedience of a lawful order.
On 5 September 1990, you were counseled regarding deficiencies
in your performance and conduct and warned that further
infractions could result in disciplinary action or an other
than honorable discharge. On 29 September 1991, you were
convicted by a summary court-martial of three instances of
disobedience of a lawful order and sleeping on post.
On 4 February 1992, you were separated with a general discharge
due to the completion of your required active service.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such us your youth
and desire for an honorable discharge. The Board also
considered the Separation/Enlistment Voucher (NAVMC 11060)
issued on 24 January 1992, that you submitted with your
application. Nevertheless, the Board found that these factors
were not sufficient to warrant recharacterization of your
service. Regarding the NAVMC 11060, it was issued on
24 January 1992, to settle your pay before you were discharged,
and it erroneously noted your characterization of service that
was determined to be general on the date that you were
discharged. Furthermore, characterization of service for
members who are discharged due to the completion of required
active service 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
proficiency and conduct marks are not currently contained in
the record. Nevertheless, given your disciplinary actions, 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.
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,
W. DEAN PFE
Executive Dil or
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