DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 2395-09
8 March 2010
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 2 March 2010. The names and votes of the
members of 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 15 April 1964 at age 18 and
served without disciplinary incident until 18 December 1964, when
you received nonjudicial punishment (NUP) for a one day period of
unauthorized absence (UA).
During the period from 28 January to 12 September 1966 you
received NJP on five more occasions for three periods of absence
from your appointed place of duty, two periods of UA totalling
three days, breaking restriction, and possession of a false
liberty card. The record also reflects an NJP for unspecified
offenses. About four months later, on 12 January 1967, you were
convicted by special court-martial (SPCM) of three periods of UA
totalling 43 days, two periods of failure to go to your appointed
place of duty, and reckless driving. You were sentenced to
confinement at hard labor for four months and a $236 forfeiture
of pay.
Subsequently you submitted a request for a hardship discharge.
On 9 April 1968 this request was approved and your commanding
officer was directed to issue you a general discharge by reason
of hardship. On 10 May 1968 you received NUP for failure to go
to your appointed place of duty and were awarded restriction for
three days. Shortly thereafter, on 29 May 1968, you were issued
a general discharge by reason of convenience of the government
due to hardship.
At the time of your separation character of service was based, in
part, on conduct and proficiency averages which were computed
from marks assigned during periodic evaluations. Your conduct
average was 3.7. 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 and desire to change upgrade your discharge. It also
considered your statement regarding your period of service and
the circumstances resulting in your discharge. 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 seven NUPs and a
court-martial conviction. 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.
Sincerely,
das
W. DEAN PRET R
Executive Dit tor
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