DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 983-13
22 October 2013
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 22 October 2013. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error Or Injustice.
You enlisted in the Marine Corps and entered active duty on 29
August 1975. You received nonjudicial punishment on four
occasions for absence from your appointed place of duty (three
instances), disobeying a lawful order (five instances), and
failure to go to your appointed place of duty. You were then
notified that you were being administratively processed for
separation due to a condition, not a disability (pseudo
folliculitis barbae) with a type warranted by your service
record characterization of service. 03 March 1978, you were
discharged with a general characterization of service due to a
condition, not a disability.
Character of service is based in part on conduct marks assigned
on a periodic basis. Your conduct mark average was 3.9. A
conduct mark average of 4.0 was required for a fully honorable
discharge.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
current desire to upgrade your discharge. However, the Board
concluded that your discharge should not be changed because of
your misconduct and insufficiently high conduct mark average.
You are advised that no discharge is upgraded due merely to the
passage of time or post service good conduct. Finally, the
Board believed that you were fortunate to have received a
general characterization of service, since Marines who have
committed misconduct such as yours normally receive other than
honorable discharges. In view of the above, 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,
(Wan!
W. DEAN P R
Executive Director
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