DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 06912-08
21 May 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 13 May 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.
You enlisted in the Marine Corps on 30 October 1974 at age 18.
During the period from 21 March 1975 to 25 August 1976, you
received three nonjudicial punishments (NUP’s) for failure to go
to your appointed place of duty, absence from your appointed
place of duty, and a brief unauthorized absence (UA).
On 13 September 1976, a neuropsychiatric examination diagnosed
you with a situational adjustment reaction of adolescence. The
report further revealed, in part, that your hypersomnia was
manifested due to the difficulties you were experiencing with
your command. , You were returned to full duty without further
medication or treatment. On 2 November 1976, you received a
fourth NUP for absence from your appointed place of duty.
On 26 November 1976, you were processed for separation by reason
of convenience of the government. Your commanding officer
stated, in part, that you demonstrated an inability to adapt
emotionally or professionally to the standards of the Marine
Corps. Based on the information currently contained in your
record it appears you elected to receive copies of documents to
be forwarded to the separation authority, but waived all other
procedural rights. On 22 December 1976, you received a general
discharge based on your average conduct marks.
Characterization of service is based in part on conduct and
proficiency averages computed from marks assigned on a periodic
basis. Your conduct average was 3.9. At the time of your
service, a conduct average of 4.0 was required for a fully
honorable characterization of service.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant upgrading your
discharge given the four NJP’s, the diagnosed adjustment
disorder, and your failure to attain the required average in
conduct. 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,
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