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NAVY | BCNR | CY2009 | 10390-09
Original file (10390-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5108

 

BUG
Docket No: 10390-09
30 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 29 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 23 January 1978. You received
nonjudicial punishment (NJP) on 12 occasions for absence from
your appointed place of duty (six specifications), disobeying a
lawful order (two specifications), sleeping on post,
unauthorized absence (four specifications totaling 16 days},
using profanity in a public place, conduct unbecoming a Marine,
and assault. On 26 January 1981, you received a general
discharge at the end of your active obligated service, and were
assigned an RE-4 reenlistment code.

Characterization of service is based in part on conduct and
proficiency marks which are assigned on a periodic basis. Your
conduct mark average was 3.1. At the time of your separation,

a 4.0 conduct mark 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
desire to upgrade your discharge. The Board concluded that
your general discharge should not be changed due to your
numerous acts of misconduct and insufficiently high conduct
Mark average. Finally, the Board found that you were fortunate
to have received a general discharge, because Marines normally
receive a characterization under other than honorable
conditions when they have committed misconduct. 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 efficial
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,

Lo Weak 0
W. DEAN PF
Executive rector

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