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NAVY | BCNR | CY2009 | 10035-09
Original file (10035-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TAL
Docket No: 10035-0939
25 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 23 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 16 February 1951 at age 18. Based on the information
currently contained in your record it appears that you were the
subject of a Physical Evaluation Board (PEB). The record clearly
shows that on 15 March 1954 the Secretary of the Navy approved
the PEB proceeding and directed that you be discharged from the
naval service by reason of physical disability. On 22 April
1954, upon completion of over three years and two months of
service, you received a general discharge.

Characterization of service is based in part on conduct and
proficiency averages computed from marks assigned on a periodic
basis. Your conduct average was 3.8. 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
ali-potentially—mitigating..factors,—such_as_youxr youth, Purple
Heart Medal and overall record of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
upgrading your discharge given 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,

\ys DEAN

Executive D

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