DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BS
Docket No: 1433-10
26 October 2010
4
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 20 October 2010. The names and votes of the
members of the panel will be furnished upon request. 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
dm uetice.
You enlisted in the Marine Corps on 14 September 1967 at age L's
About seven months later, on 22 April 1968, you were convicted by
summary court-martial (SCM) of a 68 day period of unauthorized
absence (UA).
On 6 January 1969 you were convicted by special court-martial
(SPCM) of a 154 day period of UA. On 29 February 1969 you began
another period of UA that was not terminated until 24 March 1969
when you were apprehended by civil authorities. On 19 October
1969 you were again in a UA status until apprehended and confined
by civil authorities on charges of traffic violations. As a
result, on 21 October 1969, you were convicted by civil
authorities of drunk driving and leaving the scene of an
accident. Five months later, on 13 March 1970, you received
nonjudicial punishment (NIP) for a 147 day period of UA.
On 3 August 1971 you were again convicted by SCM of an eight day
period of UA, and on 10 February 1972, you received your second
NIP for a two day period of UA and failure to obey a lawful
order.
On 20 April 1973, upon completion of your required active
service, you were released from active duty under honorable
conditions and transferred to the Marine Corps Reserve. On 20
-March 1975, at the expiration of your enlistment, you were issued
“a general discharge.
$
At the time of your release from active duty and discharge,
wcharacter of service was based, in part, on conduct and
proficiency averages which were computed from marks assigned
during periodic evaluations. Your conduct average was 3.4,
however, an average of 4.0 in conduct was required for a fully
honorable characterization of service.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change the characterization of your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your repetitive misconduct which resulted in two NUPs,
three courts-martial, conviction by civil authorities, several
lengthy and frequent periods of UA from the Marine Corps
totalling more than 400 days, and since your conduct average was
insufficiently high to warrant a fully honorable characterization
of service. Finally, the Board concluded that you were fortunate
to have received a discharge under honorable conditions with
having such an extensive record of misconduct. Accordingly, your
application has been denied.
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 P
Executive D
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