DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SON
Docket No: 4660-13
22 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 21 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 22 January 1973. The Board found that on 8 January 1974,
you received nonjudicial punishment (NJP) for two instances of
disobedience and disrespect. On 16 May 1974, you were convicted
by special court-martial (SPCM) of assault. You were sentenced
to confinement at hard labor, a forfeiture of pay, a reduction in
paygrade, and a bad conduct discharge {BCD}. However, on 24 July
1974, the convening authority suspended your forfeiture of pay
and BCD for a period of six months. You remained on active duty
until you were released under honorable conditions on 11 November
1974, You received a general discharge from the Marine Corps
Reserve on 6 July 1978.
Characterization of service is based in part on conduct 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, record of
service, 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 NUP, SPCM conviction, 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,
ROBERT D. MAN
Acting Executive Director
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