DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 11483-09
12 August 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 10 August 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 July 1967. You were convicted
by special court-martial {(SPCM) of a 60 day period of
unauthorized absence. You were also referred to another SPCM
for wrongful possession of 52.7 grams of marijuana. However,
there are no results of the trial in your record. On 1 October
1969, you received a general discharge at the expiration of
your obligated service, and were assigned an RE-4 (not
recommended for retention) reenlistment code.
Character of service is based in part on conduct and
proficiency marks assigned on a periodic basis. Your conduct
average was 3.4. A 4.0 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, desire
to upgrade your discharge, and combat service in Vietnam.
However, the Board concluded that your discharge should not be
changed because of your misconduct and insufficiently high
conduct average. The Board noted that you were fortunate to
ywreceive a general discharge, since an individual who has
committed misconduct such as yours normally receives an other
‘than honorable characterization of service. 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,
\p
W. DEAN PFET
Executive Di
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