DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DO 20370-5100
TIR
Docket No: 8034-08
24 June 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Titie 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 17 June 2009. The names and votes of the members
sof 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 28 November 1966 at age 18
and began a period of active duty on 1 December 1966. You served
without disciplinary incident until 14 June 1968, when you
received nonjudicial punishment (NUP) for disrespect. About six
months later, on 30 December 1966 you received NUP for a four day
period of unauthorized absence (UA) and disorderly conduct.
On 24 October 1969 you were convicted by special court-martial
{SPCM) of an 84 day period of UA. You were sentenced to
confinement at hard labor for two months, a $120 forfeiture of
pay, and reduction to paygrade E-i.
Subsequently, on 28 May 1970 you were released from active duty
under honorable conditions and transferred to the Marine Corps
Reserve. On 2 March 1973, upon completion of your obligated
service, you were issued a general discharge.
Character of service is based, in part, on conduct and
proficiency averages which are computed from marks assigned
during periodic evaluations. Your conduct average was 3.65, and
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, period of satisfactory service, and desire to upgrade
the characterization of your release from active duty. It also
considered your assertion that since you were issued a fully
honorable characterization of service when discharged, you did
not perceive the characterization of general under honorable
conditions, when released from active duty, to be a problem.
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 two NUPs and a court-martial conviction, and since
your conduct average was insufficiently high to warrant a fully
honorable characterization of service. Further, regarding your
assertion of receiving an honorable discharge, your record does
not contain a discharge certificate that bears a fully honorable
characterization of service. 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.
Woe
ens DEAN PF
Executive
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