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NAVY | BCNR | CY2011 | 00473-11
Original file (00473-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100

 

TIR
Docket No: 473-11
25 October 2011

 

“rhis ig in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.

RB three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 25 October 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 ansutficient
to establish the existence of probable material error or
injustice.

You enlisted in the Marine Corps on 22 September 1980 at age 19
and began a period of active duty on 2 October 1980... You served
for about four months without disciplinary incident, however, on
5 February and again on 5 March 1981, you received nonjudicial
punishment (NJP) for two periods, of unauthorized absence (UA)
totalling seven days, six periods of absence from your appointed
place of duty, and disobedience.

It appears that you were referred for an evaluation to determine
your fitness for duty, diagnosed with a physical disability that
existed prior to your enlistment, specifically, lacerated flexor
digitorum profundus to the right little finger with subsequent
repair followed by tendon graft with limited range of motion, and
recommended for an administrative separation. Subsequently, you
were processed for an administrative separation by reason of
convenience of the government due to your diagnosed physical
disability. The discharge authority directed discharge under

honorable conditions, and on 15 April 1981, you were issued a
general discharge and were assigned an RE-3P reenlistment code.

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 2.0. An
average of 4.0 in conduct was required 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 youth and desire to upgrade the characterization of your
general discharge and change your narrative reason for
separation. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change of your narrative reason for
separation because of the documented evidence of your physical
disability or recharacterization of your general discharge
because of your misconduct, which resulted in two NUJPs, and since
your conduct average was insufficiently high to warrant a fully
honorable characterization of service. 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,

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