DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 03798-10
20 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.
BA three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 January 2011. 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 and began a period of active
duty on 10 April 1970. Between 31 July 1970 and 24 March 1972,
you received three nonjudicial punishments (NJP’s). Your
offenses consisted of: failure to go to an appointed place of
duty, and two incidents of failure to obey a lawful order. You
were informed that you would receive a type warranted by service
record discharge and an RE-4 reenlistment code since you were not
eligible for reenlistment. The discharge authority directed a
general discharge. You were so discharged on 31 March 1972.
Character of service is based in part on conduct marks assigned
on a periodic basis. You conduct mark average was 3.9. A 4.0
conduct mark average was required for a fully honorable
discharge.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were not
sufficient to warrant any change in your character of service,
given your record of three NUJP's for misconduct and
insufficiently high conduct mark average. The Board also noted
that you were fortunate to receive a general discharge since a
separation under other than honorable conditions is often
directed when an individual is found to have committed
misconduct. Accordingly, 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,
W. DEAN P
Executive D
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