DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 12895-09
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 2 October 1980. You received
nonjudicial punishment on four occasions and were convicted by
a summary court-martial. Your offenses included unauthorized
absence (41 days), assault, failure to go to your appointed
place of duty, disobeying a lawful order, and writing an
insufficient fund check. On 7 December July 1983, you received
a general discharge at the end of your active 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 ona periodic basis. Your conduct
average was 3.6. A 4.0 was required fora 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
ma sconduct 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.
Regarding your request to show that you are a high school
graduate on your Certificate of Release or Discharge from
Active Duty (DD Form 214), you may contact Headquarters Marine
Corps, 3280 Russell Road, Quantico, Virginia 22134.
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 officiel
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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