DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 7446-10
8 April 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 6 April 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
LnjUsStice.
You enlisted in the Marine Corps and began a period of active
duty on 17 July 1963 at age 1”. You received nonjudicial
punishment (NJP) on three occasions for two instances of
unauthorized absence (UA) from your unit for a period of eight
days and failure to obey a lawful order. On 9 December 1965, you
were convicted by special court-martial (SPCM) of UA from your
unit for a period of 27 days, insubordinate conduct toward a
superior noncommissioned officer and failure to obey a lawful
order. The sentence imposed was confinement for two months and
15 days, a forfeiture of pay and reduction in paygrade. You
again received NJP on three occasions from 5 July 1966 through
11 May 1967 for failure to obey a lawful order, two instances of
failure to go to your appointed place of duty and breaking
restriction. On 11 October 1967, you were convicted by SPCM of
UA from your unit for a period of 119 days and failure to obey a
lawful order. The sentence imposed was confinement for four
months, a forfeiture of pay and a bad conduct discharge (BCD).
The convening authority suspended the BCD for a period of six
months. You remained on active duty until 3 October 1968 when
you were separated with a general discharge at the expiration of
your enlistment.
Characterization of service is based in part on conduct and
proficiency averages computed from marks assigned on a periodic
basis. Your conduct average was 2.9. 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 combat
service in Vietnam.. Nevertheless, the Board found that these
“factors were nat sufficient to warrant recharacterization of your
discharge given the seriousness of your misconduct that resulted
in six NJPs, two SPCMs, periods of UA that totaled over five
“months and failuré 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,
\Sne$
W. DEAN PFE
Executive Divector
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