DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 2182-10
14 January 2011
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 11 January 2011. 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 26 July 1972 at age 17 and
served for about nine months without disciplinary incident.
However, on 26 April and 23 July 1973, you received nonjudicial
punishment (NJP) for two periods of absence from your appointed
place of duty and disrespect.
During the period from 14 January to 19 December 1975 you
received NIP on five more occasions. Your offenses were two
periods of absence from your appointed place of duty, a two day
period of unauthorized absence (UA), disrespect, and
disobedience.
Subsequently, you were processed for an administrative separation
by reason of convenience of the government due to your limited
mobilization potential. The discharge authority directed your
commanding officer to issue you a general discharge by reason of
convenience of the government, and on 8 May 1978, you were so
discharged. At the time of your discharge, character of service
was based, in part, on conduct and proficiency averages which
were computed from marks assigned during periodic evaluations.
Your conduct average was 3.9. However, an average of 4.0 in
conduct was required at the time of your discharge 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 your discharge. Nevertheless,
the tBoard concluded these factors were not sufficient to warrant
recHaracterization of ve discharge because of the seriousness
of ‘your repetitive miscénduct, which resulted in seven NJPs, and
since your conduct average was insufficiently high to warrant a
fully honorable characterization of service. Finally, Marines
with a record of ‘misconduct, such as yours, normally receive
discharges under other than honorable conditions, and as such,
the Board noted that you were fortunate to receive a general
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,
Loa J
W. DEAN PFRAF
Executive D or
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