DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
aR.
Docket No: 12520-11
4 October 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 2 October 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
LIVjushaice:.
You reenlisted in the Marine Corps on 31 December 1974. You
served without disciplinary incident until 8 April 1975, when you
received nonjudicial punishment (NUP) for a 57 day period of
unauthorized absence (UA). Shortly thereafter, on 1 June 1975,
you received NJP for a four day period of UA.
It appears that you were referred to a medical board for an
evaluation to determine your fitness for duty, diagnosed with a
physical disability that existed prior to your enlistment,
specifically, chondromalacia patellae, 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 23 January 1976, 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 2.9. 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, prior satisfactory service, and desire to upgrade the
characterization of your general discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your frequent misconduct and lengthy period of UA which
resulted in three NUPs, the documented evidence of your physical
disability which rendered you unsuitable for further service, 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,
Va Nisam
W. DEAN P IKF
Executive Di tor
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