DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 9154-09
16 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 15 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Marine Corps on 21 January 1970 and were honorably
discharged on 16 July 1970. You reenlisted on 17 September
1971. You received nonjudicial punishment on two occasions and
were convicted by a special court-martial for unauthorized
absence (five specifications totaling 111 days) and absence
from your appointed place of duty. On 1 February 1974, you
received a general discharge at the end of your obligated
service,
Characterization of service is based in part on conduct and
proficiency marks assigned on a periodic basis. Your conduct
average was 3.3. A 4.0 conduct average was required for a
fully honorable discharge.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
combat Vietnam service. However, the Board concluded that your
discharge should not be changed due to your misconduct and
insufficiently high conduct average. The Board found that you
were fortunate to have received a general discharge, because
Marines who have committed misconduct normally receive a
characterization under other than honorable conditions. In
view of the above, 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,
LoD Q,)}
W. DEAN PFEI
Executive Di
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