DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 12891-09
2 September 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 31 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 16 December 1974. You received
nonjudicial punishment on two occasions and were convicted by
special court-martial. Your offenses included unauthorized
absence (two specifications totaling 47 days), wrongful
possession of a high explosive round, failure to obey a lawful
order, and absence from your appointed place of duty. On 24
May 1976, you were diagnosed with Osgood-Sclatters Disease
(chronic knee pain), and a medical board recommended discharge.
On 2 July 1976, you received a general discharge due to
physical disability, 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 3.2. 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 and
desire to upgrade your discharge. 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 receive 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,
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