DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 7471-093
11 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.
AR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 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 all
material submitted in support thereof, your naval record, and
applicable statutes, regulations, and policies.
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You reenlisted in the Marine Corps on 26 October 1957 after four
years of prior honorable service. You continued to serve without
disciplinary incident until 16 December 1957, when you received
nonjudicial punishment (NIP) for failure to pay just debts.
Also, during the period from 27 October to 12 November 1959 you
were counselie@ on three occasions regarding your failure to pay
just debts.
In November 1959 you were processed for an administrative
separation by reason of unsuitability due to indebtedness and
substandard performance. On 8 December 1959 you received your
second NUP for an unspecified offense and were awarded reduction
to paygrade E-4. Subsequently, the discharge authority directed
your commanding officer to issue you a general discharge by
reason of convenience of the government due to unsuitability, and
on 11 December 1959, you were So Gischarged. 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
3.0. 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, substandard performance, and
indebtedness, and since your conduct average was insufficiently
high to warrant a fully honorable characterization of service.
Finally, Marines with a record of misconduct, substandard
performance, and failure to pay just debts 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
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,
Nonke
W. DEAN PHREI
Executive Q4 to
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