DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3168-09
1 March 20106
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 18 February 2010. 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 and began a period of active
duty on 15 June 1978 at age 18. On 20 September 1979, you
received nonjudicial punishment (NUP) for a seven day period of
unauthorized absence (UA) and disobeying a superior commissioned
officer. On 28 November 1979, you received NUP for UA from your
appointed place of duty. On 23 February 1981, you were convicted
by summary court-martial (SCM) of a 40 day period of UA from you
unit. You remained on active duty until 31 July 1981, when you’
were discharged under honorable conditions at the expiration of
your enlistment.
In this regard, character of service is based, in part, on
conduct and proficiency averages which are computed from marks
assigned during periodic evaluations. Your conduct average was
3.8. An average of 4.0 in conduct was required at the time of
your discharge for a fully honorable characterization of service.
The Board, in its review of your application, catefully 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 a change in the
characterization of your discharge given the seriousness of your
misconduct and since your conduct average was insufficiently high
to warrant 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, :
ID& |
W. DEAN P
Executive tor
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