DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS .
7018S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 02677-13
2 April 2014
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 1 April 2014. 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 22 January 1969, The Board found that on 24 July 1969,
you were convicted by summary court-martial (SCM) of 70 days of
unauthorized absence (UA). You were sentenced to confinement and
a forfeiture of pay. However, all punishment was suspended for
six months at which time unless sooner vacated the sentence would
have been remitted without further action. You remained on
active duty until 8 May 1970, when you received a general
characterization of service from active duty due to reduction in
authorized strength. You received a general discharge on
11 April 1975 upon completion of your military obligation.
Characterization of service is based in part on conduct marks
assigned on a periodic basis. Your conduct average was 3.2. 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, and desire to upgrade your discharge. Nevertheless, the
Board concluded this factor were not sufficient to warrant
recharacterization of your discharge given your SCM conviction of
a lengthy period of UA 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
yupon 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,
Teh a
ROBERT D. ZSALMAN
Acting Executive Director
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