DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 3409-13
28 February 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 26 February 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. i . 2
You enlisted in the Marine Corps and began a period of active
duty on 29 December 1972 at age 18. You received nonjudicial
punishment on nine occasions for seven instances of CO
insubordinate conduct toward a noncommissioned officer, two
instances of failure to obey a lawful order, three instances of
_failure to go to your appointed place of duty and using
disrespectful language toward a noncommissioned officer. You
remained on active duty until 16 December. 1974 when you were
released under honorable conditions at the expiration of your
enlistment and transferred to the Marine Corps Reserve.
Characterization of service is based in part on conduct” and
proficiency averages computed from marks assigned on a periodic
basis. Your conduct average was 3.7. At the time of your
service, a conduct average of 4.0 was required fora fully
honorable characterization of service.
The Board, in its review of. your application, carefully weighed
‘all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the. Board found that
‘these factors were not sufficient to warrant recharacterization
of your. discharge given the seriousness of your misconduct that_
resulted in nine NUPs and failure to attain the required average
in conduct. The Board believed that you were fortunate to
receive a general discharge since a separation under other than
honorable conditions is often directed when a Marine has
committed frequent disciplinary infractions. Finally, there is
no provision in law or in Marine Corps regulations that allows
for. recharacterization due to the passage of time and or an
individual’ Ss good behavior after discharge. Accordingly, your
application has been denied. The names and votes of the nembens
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, 7" 3
FS Am Qin pees
ROBERT D. SALMAN
Acting Executive Director.
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