DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 01123-09
8 December 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 1 December 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.
ea gs sy
You enlisted in the Marine Corps and began a period of active
duty on 24 April 1975 at age 17. On 13 January and 14 June 1976,
you received nonjudicial punishment (NJP) for nine days of
unauthorized absence (UA), resisting arrest, attempting to strike
another service member, and drunk and disorderly conduct.
the provisions of an expeditious discharge program, separation
action was being initiated by reason of convenience of the
government due to your poor attitude, lack of self-discipline and
general inability to conform to the standards of the Marine
Corps. You declined to submit a statement in response to the
Proposed action, apparently had no desire to be promoted and
wanted to be separated from the service. -on iz duly 1976, the
discharge authority directed a general discharge. On 16 July
1976 you were so discharged.
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 entire record and 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 because of your two NJP’s
and especially your failure to attain the conduct average
required for an honorable discharge. 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,
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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. On 22 December 1976, you received a general discharge based on your average conduct marks. 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.
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