DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TIR
Docket No: 7491-08
5 June 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 3 June 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 20 September 1956 at age 20.
You served without disciplinary incident until 28 March 1958,
when you received nonjudicial punishmént (NUJP) fortwo
specifications of failure to obey a lawful order. The punishment
imposed was restriction for two weeks. Less than six months
later, on 10 September 1958, you were convicted by summary court-
martial (SCM) of driving while intoxicated. You were sentenced
to a $25 forfeiture of pay and reduction to paygrade E-1.
On 18 September 1959 you were released from active duty under
honorable conditions and transferred to the Marine Corps Reserve.
On 19 September 1962, upon completion of your obligated service,
you were issued a general discharge.
At the time of your release from active duty and discharge,
character of service was based, in part, on conduct and
proficiency averages which were computed from marks assigned
during periodic evaluations. Your conduct average was 3.8.
However, an average of 4.0 in conduct was required at the time of
your release and discharge 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, desire to upgrade your discharge, and the passage of
time. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct which
resulted in three NJPs and a court-martial conviction. Further,
the Board noted that with your record of misconduct, you were
fortunate to receive a general discharge. Finally, no discharge
is upgraded due solely to the passage of time. 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,
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