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NAVY | BCNR | CY2013 | NR8403 13
Original file (NR8403 13.pdf) Auto-classification: Denied
ee nee DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS a
701 S. COURTHOUDE ROAD. SUITE 2001

cle
ARLINGTON, VA 22204-2490

TUR
Docket No: 8403-13
6 November 2014

 

pear (a

This is in reference to yo
late husband's naval record pursuant to

10, United States Code, Section 1552.

ur application for correction of your
the provisions of Title

1 of the Board for Correction of Naval

Records, sitting in executive session, considered your
application on 28 October 2014. The names and votes of the
‘members of the panel will be Furnished upon request. 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

A three-member pane

material submitted in support thereof,
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 OF
injustice.

e Corps and began a period of

your husband enlisted in the Marin
He served for eight months

active duty on 28 November 1967.
without disciplinary incident, put on 19 duly 1968, he received

nonjudicial punishment (NIP) for being absent from his appointed
place of duty. During the period from 9 November 1972 to 10 May
1974 your husband was convicted, on three occasions, by special
court-martial (SPcM} of disobedience and three periods of

unauthorized absence (UA) totalling 173 days.

On 26 duiy 1974, at the expiration of your husband’s enlistment,
he was discharged under honorable conditions. At that time

character of service was based, in part, on conduct and
proficiency averages which were computed from marks assigned

during periodic evaluations. His conduct average was 3.0,
however, an average of 4.0 in conduct was required for a fully

honorable characterization of service,
sband’s entire record and your

The Board, in its review of your hu
mitigating factors,

application carefully weighed all potentially
such as your desire to upgrade his discharge, and assertion that

he was suffering the effects of the Vietnam war. Nevertheless,
the Board concluded these factors were not sufficient to warrant
vecharacterization of your husband’s discharge because of his
repeated and lengthy periods of UA which resulted in three SPCMs,

and since his conduct average was insufficiently hign to warrant

a fully honorable characterization of service. Further, a fully

honorable characterization of service is not authorized if a
Marine is convicted by more than one SPCM. Finally, there is no
evidence in the record, and your submitted none to support your

assertion. Accordingly, your application has been denied.

ces of your case are such that

Tt is regretted that the circumstan
You are entitled to have the

favorable action cannot be taken.
Board reconsider its decision upon submission of new and material

evidence or other matter not previously congidered 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

    
   

ROBER :
Executive Director

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