DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 08650-10
14 June 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Seotien 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 June 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 on 27 July 1948, and served
without disciplinary incident until 11 October 1950, when you
received nonjudicial punishment (NJP) for an unauthorized absence
(UA) and failure to obey a lawful order. Shortly thereafter, you
received the following disciplinary actions: on 1 May 1951, you
were convicted at a summary court-martial of two specifications
of UA; and on 22 July 1952, you were convicted at a special
court-martial of three specifications of failure to obey a lawful
order. On 26 September 1952, you were discharged from active
duty due to the completion of your obligated service. Upon your
separation, you received a general discharge.
Characterization of service is based in part on conduct marks
assigned on a periodic basis. Your conduct average was 3.8. You
needed a 4.0 average at the time of your separation 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 service in the Korean War and belief that your offense did
not warrant a general discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the your
misconduct and insufficiently high conduct mark average.
Furthermore, the Board believed that considerable leniency was
extended to you to allow you to be separated at the end of your
obligated service with a general discharge instead of a lesser
Gischarge due to ae of misconduct. Accordingly, your
application has bgen 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,
Seal
Executive Actior
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