DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 7609-10
27 May 2011
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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 24 May 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 31 May 1972 at age 18. About
six months later, on 30 November 1972, you received nonjudicial
punishment (NJP) for a 23 day period of unauthorized absence
(UA). On 8 and 23 March 1973 you received NUP for a three day
period of UA and being incapacitated for duty.
Subsequently, you were processed for an administrative separation
by reason of unsuitability due to apathy and defective attitude.
On 26 April 1973 your commanding officer recommended discharge
under honorable conditions. This recommendation referenced your
pre-service civil arrests on two occasions, three NUJPs, and your
apathetic performance and attitude. On 10 May 1973 the discharge
authority approved this recommendation but suspended its
a i
execution for one year provided no further misconduct was
committed. However, on 4 January 1974, you were convicted by
summary court-martial (SCM) of a 25 day period of UA. At that
time the suspended discharge was vacated and on 19 March 1974,
you were issued a general discharge.
Character of service is based, in part, on conduct and
proficiency averages which are computed from marks assigned
during periodic evaluations. Your conduct average was 3.9. An
average of 4.0 in conduct was required at the time of your
separation for a fully honorable characterization of service.
The ‘Board, intits review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion that you were told that if you stayed
out of trouble, your discharge would be ungraded. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct which resulted in three NJPs and conviction by
SCM, and since your conduct average was insufficiently high to
warrant a fully honorable characterization of service. Further,
Marines with an extensive 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. Finally, no
discharge is automatically upgraded due solely to an individual’s
good post service conduct. 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,
. DEAN *P
a
Executive t
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