DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 7401-08
28 May 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 27 May 2009. The names and votes of the
members of the panel will be furnished upon request. 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 15 April 1974 at age 18.
About a month later, on 18 May 1974, you received nonjudicial
punishment (NUJP) for disrespect. On 19 June 1974 you received
your second NUP for using provoking gestures and assault. On 6
November 1974 you were convicted by summary court-martial (SCM)
of two specifications of disrespect, resisting arrest, assault,
and disobedience. You were sentenced to confinement at hard
labor for 15 days and a $227 forfeiture of pay.
On 29 November 1974 and again on 12 December 1975 you underwent
medical evaluations for pseudofolliculitis barbae and were
recommended for an administrative separation. Subsequently, you
were processed for an administrative separation by reason of
convenience of the government due to a condition that was not a
disability as evidenced by the pseudofolliculitis barbae. On 13
February 1976 the discharge authority directed discharge under
honorable conditions, and on 27 February 1976 you were issued a
general discharge.
Character of service is based, in part, on conduct and overall
trait averages which are computed from marks assigned during
periodic evaluations. Your conduct average was 3.4. An average
of 4.0 in conduct was required at the time of your separation for
a fully honorable characterization of service.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade the characterization of your
general discharge. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
general discharge because of your repeated misconduct which
resulted in two NUPs and a SCM, and since your conduct average
was insufficiently high to warrant an honorable discharge.
Accordingly, your application has been denied.
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,
Won)
W. DEAN PRENPRER
Executive Rinector
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