DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20376-5100
BUG
Docket No: 1149-11
27 October 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 October 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps and entered active duty on 1
December 1972. You received nonjudicial punishment on six
occasions for failure to obey a lawful order (two
specifications), disobedience of a lawful order (four
specifications), disrespect (two specifications), failure to
properly check out on liberty, and failure to go to your
appointed place of duty. You were then notified that your
commanding officer was recommending you for administrative
separation with a general characterization of service due to
unsuitability. On 18 November 1974, you received a general
characterization of service due to unsuitability.
Character of service is based in part on conduct marks assigned
on a periodic basis. Your conduct mark average was 3.6. A 4.0
conduct mark average was required for a fully honorable
discharge.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
desire to upgrade your discharge. The Board concluded,
however, that your discharge should not be changed due to your
acts of misconduct and insufficiently high conduct mark
average. The Board believed you were fortunate to receive a
general characterization of service, since Marines who have
committed misconduct such as yours normally receive other than
honorable discharges. You are advised that no discharge is
automatically upgraded due merely to the passage of time or
post service good conduct. In view of the above, 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,
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