DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUIR
Docket No: 1492-10
4 November 2010
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 2 November 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
injustice.
You enlisted in the Marine Corps on 17 March 1975 at age 19 and
served without disciplinary incident until 21 June 1976, when you
were convicted by special court-martial (SPCM) of two periods of
unauthorized absence (UA) totalling 29 days, dereliction of duty,
disrespect, and failure to obey a lawful order. You were
sentenced to confinement at hard labor for 60 days, 30 days of
which were suspended for six months, reduction to paygrade E-1,
and a $300 forfeiture of pay.
During the period from 3 February to 20 May 1977 you were ordered
to undergo local alcohol rehabilitation, and were apprehended by
civil authorities on two occasions for driving while intoxicated,
removing a serial number of a vehicle identification number, and
public intoxication. Although the record reflects that these
charges were pending conviction by civil authorities, the outcome
of such actions is not reflected in the record.
On 1 July 1977, at the expiration of your enlistment, you were
discharged under honorable conditions. In this regard, character
of service is based, in part, on conduct and proficiency averages
which are computed from marks assigned during periodic
evaluations. Your conduct average was 3.1. An average of 4.0 in
conduct was required at the time of your discharge for a fully
honorable characterization of service.
4
The Board, in its review of your entire record and application,
garefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade the characterization of your
general discharge. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
general discharge because of the seriousness your misconduct,
which resulted in SPCM, and since your conduct average was
insufficiently high to warrant a fully honorable characterization
of service. Accordingly, your application has been denied.
The Board also noted that you should contact Headquarters, United
States Marine Corps, Deputy Chief of Staff for Manpower and
Reserve Affairs (M&RA) Department, Code MMER, 3280 Russell Road,
Quantico, VA 22134-5103 to request that administrative
corrections be made to your Certificate of Release or Discharge
from Active Duty (DD Form 214) such as, but not inclusive of,
authorized awards and decorations.
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 Dil
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