DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 7929-08
11 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 6 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.
On 27 December 1977, you enlisted in the Marine Corps at age
17 with parental consent. During the period 6 June 1979 to
10 June 1980, you had nonjudicial punishment: (NUP) on three
occasions. Your offenses included two brief instances of
unauthorized absence and absence from your appointed place of
duty. On 15 June 1980, your security clearance was terminated
for cause. On 18 July 1980, you had NUP for two instances of
absence from your appointed place of duty. On 24 July 1980,
you were counseled regarding your frequent discreditable
involvement and warned that further infractions could result
in administrative separation. On 22 October 1980, you were
assigned to a work detail because you ignored repeated
counseling regarding your performance and behavior. On
11 December 1980, you were convicted by a summary court-martial
for three instances of failure to go to your appointed place of
duty at the time prescribed and willful disobedience of a
lawful order. Nevertheless, on 13 January 1981, you were
released from active duty under honorable conditions due to
the expiration of enlistment. On 25 September 1983, you were
separated with a general discharge due to the expiration of
obligated service.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and belief that your discharge would change after six months.
Nevertheless, the Board found that these factors and belief
were not sufficient to warrant recharacterization of your
service. In this regard, characterization of service for
members who are released from active duty or discharged due
to the expiration of their active or obligated service is
determined by their conduct, actions, and proficiency and
conduct marks assigned on a periodic basis. Minimum acceptable
average proficiency and conduct marks of 3.0 and 4.0,
respectively, were required to form the basis for a fully
honorable characterization of service. Your average
proficiency and conduct marks were 4.1 and 3.9, respectively.
Given your repetitive misconduct and failure to attain the
conduct mark average required for a fully honorable
characterization of service, the Board found that your service
warranted a general characterization of service, and further
noted that you were fortunate to have received such a discharge
since you met the requirements to be discharged for misconduct.
Furthermore, there is no provision in the law or regulations
that allows for recharacterization of service due solely to the
passage of time. Therefore, the Board concluded that the
discharge was proper as issued and no change is warranted.
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,
ls Wana.
W. DEAN PPEIRF
Executive Diredtdar
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