DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
TAL
Docket No: 8932-13
2 October 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 24 September 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 9 February 1970 at age 17. Om 14 July 1970, you
received nonjudicial punishment (NJP) for failure .to go to your
appointed place of duty, sleeping on watch, wearing unauthorized
civilian clothes and wrongful possession of intoxicating
beverages. On 4 March 1971, you were convicted by special
court-martial (SPCM) of unauthorized absence (UA) from your unit
for a period of 65 days. The sentence imposed was a forfeiture ~
of pay, reduction in paygrade and restriction. You remained on
active duty until 21 July 1972, when you were released from
active duty and transferred to the Marine Corps Reserve under
honorable conditions at the expiration of your obligated
service, based on your disciplinary record and conduct mark
average.
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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 NJP, 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.
The Board also noted that you should contact Headquarters,
United States Marine Corps, Deputy Chief of Staff for Manpower
and Reserve Affairs (M&RA) (Code MMER), 3280 Russell Road,
Quantico, VA 22134-5103 to request that administrative
corrections be made to your Certificate of Discharge or. Release
from Active Duty (DD Form 214) such as, but not inclusive of,
the spelling of your name.
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 within one year from the date of the Board’s
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. 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 J. O'NEILL
Executive Director
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