DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 1672-10
27 October 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 26 October 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 29 June 1977. You received
nonjudicial punishment on four occasions and were convicted by
a summary court-martial. Your offenses included absence from
your appointed place of duty (two specifications), unauthorized
absence, dereliction of duty, failure to go to your appointed
place of duty (two specifications), conspiracy to commit an
assault, and assault. On 13 August 1980, you received a
general discharge at the end of your active obligated service
as a private first class (pay grade E-2), and were assigned an
RE-4 (not recommended for retention) reenlistment code.
Characterization of service is based in part on proficiency and
conduct marks assigned on a periodic basis. Your conduct mark
average was 3.9. 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 and
desire to upgrade your discharge. However, the Board concluded
that your discharge should not be changed because of your
numerous acts of misconduct and insufficiently high conduct
mark 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
Boove, 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,
lo Boa!
W. DEAN PF
Executive tor
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