DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Decket No: 1325-11
16 February 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 14 February 2012. 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 insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 23 August 1957 at age 19 and
immediately began a period of active duty. You served without
disciplinary incident until 30 August 1958, when you received
nonjudicial punishment (NJP) for housebreaking and damage to
government property.
On 26 January 1960 you were convicted by civil authorities of
Malicious mischief. About seven months later, on 22 July 1960,
you received NUP for a four day period of unauthorized absence
(UA). Shortly thereafter, on 26 August 1960, upon completion of
your required active service, you were released from active duty
under honorable conditions and transferred to the Naval Reserve.
However, you were erroneously issued a Certificate of Release or
Discharge from Active Duty (DD Form 214) which reflected an
honorable characterization of service. On 26 August 196394, at
the expiration of your enlistment, you were discharged under
honorable conditions.
At the time of your release from active duty and discharge,
character of service was based, in part, on conduct and
proficiency averages which were computed from marks assigned
during periodic evaluations. Your conduct average was 3.9,
however, an average of 4.0 in conduct was required 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 your release from active duty
and discharge. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your service
because of your misconduct in both the military and civilian
communities, and since your conduct average was insufficiently
high to warrant a fully honorable characterization of service.
Finally, although you were erroneously issued an honorable record
of discharge, you were properly released from active duty and
discharged under honorable conditions. 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,
Dose
W. DEAN PF]
Executive D
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