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NAVY | BCNR | CY2009 | 10879-10
Original file (10879-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 10879-09
4 November 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 3 November 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 enlisted in the Marine Corps on 6 July
1976. You received nonjudicial punishment on three occasions and
were convicted by summary court-martial for offenses that
included two periods of unauthorized absence, absence from
appointed place of duty, willful disobedience of a lawful order,
and disrespect. On 6 July 1976 you were released from active
duty and transferred to the Marine Corps Reserve with a
characterization of service of under honorable conditions.

The Board found that you did not qualify for an honorable
characterization of service because your conduct mark average was
below the required 4.0 minimum average, which you did not attain
because of your four disciplinary actions. 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.

Aint ce am eal Sincerely,
fe Sot ate 2
pa “oR

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