DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 11332-10
28 July 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 26 July 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 24 April 1978. The Board found that you received six
nonjudicial punishments (NJP’s) for larceny, possession of
alcoholic beverages in an unauthorized area, disrespect, use of
disrespectful language, failure to go to your appointed place of
duty, and leaving your place of duty. You remained on active
duty until 23 April 1982, when you were released under honorable
conditions at the expiration of your enlistment and transferred
to the Marine Corps Reserve. On 29 December 1983, you received
a general discharge at the completion of your military obligation
based on your conduct marks.
Characterization of service is based in part on conduct averages
computed from marks assigned on a periodic basis. Your conduct
mark average was 3.8. At the time of your service, a conduct
mark average of 4.0 was required for a fully honorable
characterization of service.
The Board, in its review of your application, carefully weighed
ail potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant upgrading your
discharge given your six NUP’s and failure to attain the required
average in conduct marks. 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,
> dane
+
W. DEAN PF
Executive e ir
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