DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 12867-09
8 April 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, sec#ion 1552.
A three-member panel. of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 March 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 27 October 1986 at age 18. On 11 March and 27 July 1987,
you received nonjudicial punishment (NUP) for two periods of
unauthorized absence (UA) totaling 90 days. On 23 July 1990, you
were convicted by summary court-martial (SCM) of three periods of
UA totaling eight days, making a false official statement, and
breaking restriction. On 24 September 1994, you were reieased
under honorable conditions from active duty at the expiration of
your enlistment and transferred to the Navy Reserve. On
24 September 1994, you were erroneously issued an honorable
discharge certificate at the completion of your military
obligation.
Characterization of service is based in part on conduct and
proficiency averages computed from marks assigned on a periodic
basis. .Your conduct average was 3.6. 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
all potentially mitigating factors, such ag your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant upgrading your
discharge given the two NUP’s, SCM conviction, and 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, \
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