DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 4777-08
25 March 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 17 March 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps on 1 May 1973 at age 17. There
+8 no documentation in the record to show that you enlisted for a
bonus. During the period from 20 May 1976 to 17 September 1976,
you received nonjudicial punishment on three occasions. Your
offenses were four periods of unauthorized absence totaling about
27 days. A.special court-martial convened on 5 January 1977 and
convicted you of an unauthorized absence of about 67 days. The
sentence of the court did not include a bad conduct discharge.
You were released from active duty on 27 September 1977 with your
service characterized as being under honorable conditions.
Subsequently, you were issued a general discharge at the end of
your military obligation.
Marine Corps regulations allow for characterization of service as
being under honorable conditions in those cases where an
individuals average mark in conduct is below 4.0. Because of
your misconduct, you were assigned several marks in conduct below
4.0. This resulted in an average mark in conduct of 3.7.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, period of
good service and contention that post traumatic stress disorder
led to your misconduct. Further, there is no documentation in
the record and you have submitted none to show that you were not
responsible for your actions or were not competent to stand trial
for your offense. The Board found that these factors and
contention were not sufficient to warrant recharacterization of
your discharge given your record of misconduct and failure to
achieve the required average mark in conduct. The Board
concluded that the discharge was proper as issued and no change
is warranted. As indicated there is nothing in the record to
show that you were entitled to an enlistment bonus. Given the
passage of time no other information is available.
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,
Wyo)
W. DEAN
Executive
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