DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 13172-12
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 10 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 Marine Corps and began a period of active
duty on 16 March 1992. The Board found that on 12 June 1992, you
were counseled regarding deficiencies in your military
appearance. You were offered assistance through your commands
weight control officer. Additionally, you were warned that
further deficiencies in your appearance would result in
administrative discharge action. On 26 January 1993, you
received nonjudicial punishment (NJP) for wrongfully maltreating
and assaulting another Marine and disobedience. You received a
reduction in paygrade, a forfeiture of pay, and extra duty.
Although the record is incomplete, you remained on active duty
until 15 January 1994, when you received a general discharge by
reason of unsatisfactory performance by failing to conform to
weight standards. At that time, you were not recommended for
retention.
Characterization of service is based in part on conduct averages
computed from marks assigned on a periodic basis. Your conduct
average was 3.8. 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 and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant upgrading your discharge given your
NUP, failure to conform to weight standards, 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,
; ~ es ip 22
ROBERT D. ALMAN
Acting Executive Director
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