DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 CRS
Docket No: 6589-08
24 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 4 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.
The Board found that you enlisted in the Marine Corps on 4 March
1953. You received two nonjudicial punishments and were
convicted by a special court-martial, for offenses that included
urinating on the door of the first sergeant’s office, failure to
obey a lawful order, resisting arrest, and selling candy to
recruits. On 11 July 1957 you were released from active duty and
transferred to the Marine Corps Reserve with a characterization
of service of under honorable conditions. On 3 March 1959 you
received a general discharge by reason of expiration of term of
service.
The Board found that you did not qualify for an honorable
discharge because your conduct and proficiency mark averages of
3.8 and 3.4, respectively, were below the minimum averages
required for an honorable discharge. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
Tt is regretted that the circumstances of your case are such that
Efavorable action cannot be taken. You are entitled to have the
Board reconsider itu decision upon submission cf 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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