DEPARTMENT OF Tit HAWY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 MAVY ANNEX
WASHINGTON DC 20370-5100 |
SON
Doecket No: 10277-08
5 October 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.
OA three-member panel of the Board for. Correction of Naval
Records, sitting in executive session, considered your
. application on 29 September 2009. Your allegations of. error and
injustice’ were reviewed in accordance with administrative’
reguiations and procedures applicable to the proceedings of this
Board, Documentary material conaidered by the Board consistéd 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 prchabLe material error or
injustice.
You enlisted in the Marine Corps and began a period of active
‘duty on 3 September 1957 at age 17. During the period from
24 November 1958 to 15 January 1960, you received three.
nonjudicial punishments (NUP’s) for three periods of unauthorized
absence (UA), and were convicted by summary court-martial (SCM)
for UA and disobedience. You remained on active duty until 14
July 1975 when you were discharged under honorable conditions at
the expiration of your enlistment and transferred to the Marine
Corps Reserve.
Characterization of service is based in part on conduct and -—
proficiency averages computed from marks assigned on a periodic
‘basis. Your conduct average was 3.7. 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 recharacterization
of your discharge given the three NUJP’s, conviction by SCM, 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,
Executive Di
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