DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4412-08
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 13 November 1953, you enlisted in the Marine Corps at age
18. On 24 August 1954, you had nonjudicial punishment (NUP)
for disturbing the peace. On 9 November 1954, you were
convicted by a summary court-martial (SCM) for willful and
wrongful damage to dishes at a Japanese national restaurant and
assault against a Japanese national. On 5 July 1955, you were
convicted by a SCM for willful and wrongful destruction of a
window and assault of a Japanese national by kicking him in the
stomach with your foot.
Based on the information currently contained in the record, it
appears that your commanding officer subsequently initiated
administrative separation by reason of convenience of the
government due to your failure to meet retention standards and
for other good and sufficient reasons. In connection with this
processing, you would have acknowledged the separation action.
On 13 July 1955, a service record entry was made which
indicated that you were found to not meet retention
standards and would be discharged on 12 November 1955. On
30 August 1955, you had NUP which resulted in a reprimand for
resisting apprehension, creating a disturbance inside a public
place, and producing a deadly weapon to constitute a threat in
a public place. On 18 October 1955, you had NUP for willful
disobedience of a lawful order. On 12 November 1955, you were
released from active duty with a general characterization of
service by reason of convenience of the government. On 12
November 1961, you were honorably discharged from the Marine
Corps Reserve due to the expiration of your obligated service.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth,
honorable discharge from the Marine Corps Reserve, and service
in the Army National Guard. 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 3.8
and 4.0, respectively, were required to form the basis for a
fully honorable characterization of service. Your average
proficiency and conduct marks were 4.4 and 3.4, respectively.
Given the seriousness of your offenses that resulted in five
disciplinary actions and your 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. 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 PFEIFF
Executive Direc
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