DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJR
Docket No: 1496-12
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 reenlisted in the Marine Corps on 29 June 1971 after more
than two years of prior satisfactory service and immediately
began another period of active duty. You continued to serve
without disciplinary incident until 21 November 1971, when you
received nonjudicial punishment (NUP) for absence from your
appointed place of duty.
On 8 January 1973 you were counselled regarding deficiencies in
your performance, specifically, your nonrecommendation for
reenlistment due to your frequent disciplinary involvement and
marginal performance of duty and being found unqualified for
reenlistment and/or an extended enlistment due to your past
marginal performance of duty and disciplinary actions. On 11 and
21 June 1973 you received NUP for absence from your appointed
place of duty and a three day period of unauthorized absence
(UA). Subsequently, on 29 June 1973, you were released from
active duty and transferred to the Marine Corps Reserve 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 3.4. An average of 4.0 in conduct was
required at the time of your separation for a fully honorable
characterization of service. In accordance with the foregoing,
on 17 November 1974, upon completion of your required active
service, you received a general discharge under honorable
conditions.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your 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 general discharge because of the
seriousness of your repetitive misconduct, which resulted in
three 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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