DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 1758-10
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 2 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 entered active
duty in the Marine Corps on 1 October 1964. You received
nonjudicial punishment on two occasions and were convicted at a
special court-martial. Your offenses included willfully
disobeying a lawful order, and unauthorized absence (three
specifications totaling 39 days). On 4 January 1969, at the
end your active obligated service, you were separated with a
general characterization of service, and assigned an RE-4 (not
recommended for retention) reenlistment code.
Characterization of service is based in part on conduct marks
assigned on a periodic basis. Your conduct mark average was
3.7. A 4.0 conduct mark average 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, Vietnam
service, and current medical problems. The Board concluded
that your discharge should not be upgraded due to your
misconduct and insufficiently high conduct mark average. You
are advised that no discharge is upgraded due merely to the
passage of time or post service good conduct. 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,
W. DEAN PFE
Executive Diyedt
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