DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7011S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 1479-12
27 November 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 20 November 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 31 January 1977 and
immediately began a period of active duty. You served without
disciplinary incident until 17 August 1977, when you received
nonjudicial punishment (NJP) for losing your identification card.
On 6 November 1978 you received NUP for three periods of absence
from your appointed place of duty. About four months later, on
23 March 1979 you received NJP for two periods of absence from
your appointed place of duty and failure to go to your appointed
place of duty. Shortly thereafter, on 23 July 1979 you received
NJP for wrongful possession of two capsules of amphetamines. On
18 January 1980 you received your fifth NUP for failure to go to
your appointed place of duty.
On 30 January 1981, at the expiration of your enlistment, you
were discharged under honorable conditions. In this regard,
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 3.8. 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 desire to upgrade the characterization of your general
discharge and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your general discharge because of the
seriousness of your repetitive misconduct, which resulted in five
NJPs and since your conduct average was insufficiently high to
warrant a fully honorable characterization of service. Finally,
Marines with an extensive record of misconduct, such as yours,
normally receive discharges under other than honorable
conditions, and as such the Board noted that you were fortunate
to receive a general 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,
BRIAN J. GEORGE
Head, Discharge Review Section
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