DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4533-13
22 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 9 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 5 January 1967 at age 17. On 11 December 1969, you were
convicted by special court-martial (SPCM) of assault and failure
to obey a lawful general order. The sentence imposed was
restriction, a forfeiture of pay and reduction in paygrade. You
remained on active duty until 23 April 1970, when you were
discharged from active duty under honorable conditions at the
expiration of your obligated service, based on your disciplinary
record and conduct mark average.
Characterization of service is based in part on your conduct
average computed from marks assigned on a periodic basis. Your
conduct mark average was 3.6. At the time of your service, a
conduct mark 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
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 an SPCM 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.
Concerning your request for review of your Marine Corps record
for eligibility for a Purple Hart Medal, you must forward your
request, along with notarized statements to the Commandant of
the Marine Corps, Headquarters Marine Corps (Code MMMA-3), 3280
Russell Road, Quantico, VA 22134.
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,
(St RS
ROBERT D“/ZSALMAN
‘Acting Executive Director
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