PEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 7288-09
10 June 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 8 June 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 ail
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 January 1959 at age i7.
You served without disciplinary incident until 5 October 1953,
when you received nonjudicial punishment (NUP) for absence from
your appointed place of duty and were awarded restriction for two
weeks. About eight months later, on 17 June 1960, you were
convicted by special court-martial (SPCM) of sleeping on post.
Shortly thereafter, on 25 July 1960, you received NUP for
disorderly conduct.
On 29 January 1963 you were released from active duty under
“honorable conditions and transferred to the Marine Corps Reserve.
On 29 January 1965, you were discharged under honorable
conditions, at the expiration of your enlistment. At the time of
your discharge, character of service was based, in part, on
conduct and overall trait averages which were computed from marks
assigned during periodic evaluations. Your conduct average was
3.8. However, 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 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 the seriousness
of your repetitive misconduct which resulted in two NUJPs anda
SPCM, and since your conduct average was insufficiently high to
warrant a fully honorable characterization of service. Finally,
Marines with a record of misconduct, such as yours, normally
receive discharges under other than honorable conditions, and as
such, the Board noted that you were fortunate to receive a
general characterization of service. 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,
ues
W. DEAN
Executive
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