DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 01057-11
9 November 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 8 November 2011. Your allegations of error and
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 10 August 1965. The Board found you received nonjudicial
punishment (NJP) for unauthorized absence and two instances of
disobedience. Also, you were convicted by special court-martial
(SPCM) of illegal possession of narcotics, disobedience,
disrespectful language, and failure to go to your appointed place
of duty. You were sentenced to confinement at hard labor, a
reduction in paygrade, a forfeiture of pay, and a bad conduct
discharge. However, the convening authority only approved the
hard labor and reduction in paygrade. On 2 May 1969, you were
released under honorable conditions from active duty by reason of
“reduction in force”. You received a general discharge at the
completion of your required obligated service on
26 September 1971 based on your conduct marks.
Characterization of service is based in part on your conduct mark
average computed from marks assigned on a periodic basis. Your
conduct mark average was 3.9. 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
all potentially mitigating factors, such as your youth, Vietnam
service, and desire to upgrade your characterization of service.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in your characterization of
service given your NUP and SPCM conviction of very serious
offenses. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
Tt 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,
Ld Dowie
W. DEAN BFE
Executive Di
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