DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 4676-09
12 March 2010
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 3 March 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 7 Jan 1958 at age 19. On 31 January 1958 you received an
adverse conduct mark of 1.5. The marking officer stated in part,
that during the marking period you had been of sub-moral fitness
and a habitual petty offender. On 5 May 1958, you received
nonjudicial punishment (NIP) for failure to obey a lawful order.
On 5 July 1960, you received NUP for destruction of government
property, by throwing a chair through the movie screen. The
punishment awarded was reduction to paygrade E-i, which the
commanding officer suspended the reduction for six months. On 28
November 1960, you received NUP, the suspended sentence was
vacated and you were reduced to E-1. You remained on active duty
until 13 December 1960 when you were released under honorable
conditions at the expiration of your enlistment and transferred
to the Navy Reserve. At that time, you were not recommended for
retention due to your repeated NJP’s and low performance marks.
On 6 January 1964 you received a discharge at the completion of
your military obligation based on your conduct mark average.
Characterization of service is based in part on conduct and
proficiency averages computed from marks assigned on a periodic
basis. Your conduct average was 3.9. 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 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 upgrading your
discharge given the three NUP’s and your failure to attain the
required average in conduct. 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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