DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 5358-10
18 February 2011
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 16 February 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 2 May 1968 at age 20. On 25 March 1971, you were
convicted by summary court-martial (SCM) of two instances of
insubordinate conduct toward a superior noncommissioned officer.
On 24 November 1971 you were convicted by special court-martial
(SPCM) of failure to obey a lawful order and making a false
official statement. The sentence imposed was confinement for 30
days and forfeiture of pay. On 25 February 1972, you submitted a
written request for an other than honorable (OTH) discharge in
order to avoid trial by court-martial for the charge of
insubordinate conduct toward a superior noncommissioned officer.
On 20 March 2972 the commanding general denied your request and
you were retained on active duty until 27 July 1972 when you were
released under honorable conditions at the expiration of your
enlistment.
Characterization of service is based in part on conduct and
roficiency averages computed from marks assigned on a periodic
basis. Your conduct average was 3.5. At the time of your
service, a conduct average of 4.0 was required for a fully
‘honorable characterization of service.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in one SCM, a SPCM and failure to attain the required
average in conduct. 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 PFE
Executive D
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