DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 627-12
16 October 2012
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 11 October 2012. 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 Navy and began a period of active duty on
14 December 1965 at age 18. On 27 August 1966, you received
nonjudicial punishment (NJP) for theft of a tape recorder,
valued at $125.00. On 13 June 1967, you were convicted by
summary court-martial (SCM) of attempting to steal cigarettes by
breaking into another sailor’s locker. You received NJP on
three additional occasions for two instances of failure to obey
a lawful regulation, two instances of failure to go to your
appointed place of duty, two instances of unauthorized absence
(UA) from your unit for a period totaling 19 days, and missing
ship’s movement. You remained on active duty until 9 October
1969 when you were released from active duty under honorable
conditions at the expiration of your enlistment.
Characterization of service is based in part on conduct and
proficiency averages computed from marks assigned on a periodic
basis. Your conduct mark average was 2.8. At the time of your
service, a conduct mark average of 3.00 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 and
Vietnam service. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of
your discharge given the seriousness and repetitiveness of your
misconduct that resulted in four NUJPs, a SCM and failure to
attain the required average in conduct. The Board believed you
were fortunate to receive a general characterization of service,
Since Marines who have committed misconduct such as yours are
normally administratively separated with other than honorable
discharges. Accordingly, 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,
ROBERT D. SALMAN
Acting Executive Director
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