DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
‘BAN
Docket No: 1825-09
17 November 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 12 November 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.
You enlisted in the Marine Corps on 1 March 1969, and served
without disciplinary incident until 10 October 1969, when you
received nonjudicial punishment (NJP) for an unauthorized absence
(UA) in excess of 27 days.
Shortly thereafter, you received the following NUP’s: on 5
December 1969, for UA; and on 29 December 1969, for UA.
Therefore, you were recommended for separation with a general
discharge due to the convenience of the government and your claim
to be a conscientious objector. The separation authority
approved the recommendation and on 23 March 1970, you were
separated with a general discharge and an RE-4 reenlistment code.
Character of service is based, in part, on conduct and
proficiency marks assigned on a periodic basis. An average of
4.0 in conduct was required for a fully honorable
characterization of service. Your conduct average was 3.6.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your misconduct and conduct average of 3.6.
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,
Mo Noa b.
W. DEAN PF F
Rxecutive Dive
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