DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 04880-12
27 March 2013
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 26 March 2013. 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 and began a period of active
duty on 5 October 1972. The Board found that between 27 August
1973 and 30 July 1974, you received four nonjudicial punishments
(NJUP’s) for two periods of unauthorized absence, being
incapacitated for the proper performance of duty, and
disobedience. You remained on active duty until you were
released under honorable conditions from active duty and
transferred to the Marine Corps Reserve. You were discharged on
20 September 1978.
Characterization of service is based in part on conduct marks
assigned on a periodic basis. Your conduct average was 3.9. 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, post service accomplishments, 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 your four NJP’s and failure to
attain the required average in conduct. 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,
nate TS, ncaa
ROBERT D. ZSALMAN
Acting Executive Director
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