DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 04632-13
14 May 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 7 May 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 1 August 1975. The Board found that during the period
from 10 July 1976 to 29 April 1977, you received three
nonjudicial punishments (NJP’s) for sleeping on post, failing to
go to your appointed place of duty, wrongful possession of
another Marine’s military identification card, and disobedience.
On 14 March 1978, you were convicted by special court-martial
(SPCM) of two specifications of unauthorized absence (UA)
totaling five days. You were sentenced to restriction, hard
labor, and a reduction in paygrade. On 4 December 1978, you were
convicted by a second SPCM of 88 days of UA. You were sentenced
to confinement and a forfeiture of pay. On 9 July 1979, you
received a fourth NJP for UA. You remained on active duty until
you were discharged under honorable conditions on 21 November
1979.
Characterization of service is based in part on conduct 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
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 NUJP’s, SPCM
convictions, and failure to attain the required average in
conduct. The Board also noted that you were fortunate to have
been retained on active duty to earn a better characterization of
service after your second SPCM for a very lengthy period of UA.
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,
Te RD, Ca
ROBERT D. ZSALMAN
‘Acting Executive Director
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