DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 01329-12
5 December 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 4 December 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 Marine Corps Reserve and began a period of
active duty for training on 16 August 1974. The Board found that
you were honorably released on 12 February 1975 and transferred
back to your reserve unit with an obligation of 24 July 1980. On
19 May 1976, you were informed of your continued absences from
regularly scheduled drills and directed to contact your reserve
unit. On 1 June 1976, you were counseled concerning your
unsatisfactory participation. At that time, you were informed
that you were being processed for assignment to involuntary
active duty and that if disapproved, that administrative
discharge action could occur. On 24 July 1980, you were
convicted by civil authorities of several counts of murder and
appealing your death sentence. You received a general discharge
on that same day because of the appeals that were taking place
since your conviction.
Characterization of service is based in part on conduct marks
assigned on a periodic basis. Your conduct average was 1.5. At
the time of your service, a conduct 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, record of
service, the reason for your discharge, 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 the fact that you were
warned of the consequence of failing to attend regularly
scheduled drills, involvement with civil authorities, and failure
to attain the required average in conduct. The Board believed
you were fortunate to receive a general characterization of
service considering the very serious nature of your civil
conviction. 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, thé burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
> ear
W. DEAN PFEIL E
Executive Direc
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