DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 1503-10
13 October 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 6 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
Lijuestice.
You enlisted in the Marine Corps on 22 January 1954 at age 1’ and
served for about nine months without disciplinary incident.
However, on 30 September 1954, you received nonjudicial
punishment (NJP) for being out of uniform and were awarded
restriction for five days. Nearly a year later, on 16 September
1955, you received NJP for failure to go to your appointed place
of duty and were awarded restriction for 10 days. About four
months later, on 13 January 1956, you received your third NUP for
an 11 day period of unauthorized absence (UA) and were awarded a
reduction to paygrade E-1.
On 21 January 1957 you were released from active duty under
honorable conditions and transferred to the Marine Corps inactive
reserve. On 21 January 1962, at the expiration of your
enlistment, you received a general discharge.
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 3.8. An
average of 4.0 in conduct was required at the time of your
separation 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 upgrade the characterization of your
jeneral discharge. Nevertheless, the Board concluded these
Rovere were not sufficient to warrant recharacterization of your
general discharge because of your repetitive misconduct, which
yesulted in three NUPs, and since your conduct average was
ansufficiently high to warrant a fully honorable characterization
of service. 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,
\o\
W. DEAN PFRIF,
Executive D
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