DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TUR
Docket No: 2468-09
13 August 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 11 August 2009. 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 6 October 1966 at age 19 and
served for two years without disciplinary incident. However,
during the period from 31 October to 11 November 1968 you
received nonjudicial punishment (NJP) on three occasions for
being incapacitated for duty due to intoxication, failure to go
to your appointed place of duty, and losing government property,
specifically, a pistol valued at $49.
During the period from 7 August to 1 October 1969 you received
three more NJPs for a two day period of unauthorized absence
(UA), breaking restriction, and negligence due to failure to
clean your rifle.
On 20 November 1969 you began a period of UA that was not
terminated until 20 January 1970. During this period you were
also declared a deserter. Subsequently, you were processed for
an administrative separation by reason of convenience of the
government. However, on 9 February 1970, prior to your
discharge, you received your seventh NUP for the foregoing period
of UA totalling 62 days. Nonetheless, the discharge authority
directed separation under honorable conditions by reason of
convenience of the government and on 19 February 1970 you were
issued a general discharge.
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 3.5. 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 upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your repetitive
misconduct which resulted in seven NJPs and since your conduct
average was insufficiently high to warrant a fully honorable
characterization of service. Further, individuals discharged
with a disciplinary record of seven NUPs would normally receive
an other than honorable discharge, and as such you were fortunate
to receive a general discharge. 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,
\ oan
W. DEAN PFE
Executive Director
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