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NAVY | BCNR | CY2009 | 09035-09
Original file (09035-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SIN.
Docket No: 09035-09
10 June 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 8 June 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 29 March 1972. The Board found that you received
nonjudicial punishment (NUP) for absence from your appointed
place of duty, and were convicted by a summary court-martial
(SCM) for 347 days of unauthorized absence (UA). You remained on
active duty until 7 March 1975 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. You received a generai discharge at
the completion of your military obligation based on your conduct
and proficiency marks.

Characterization of service is based in part on conduct averages
computed from marks assigned on a periodic basis. Your conduct
average was 3.3. 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 your NJP, conviction by SCM for a lengthy period
of UA, and 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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