DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1T S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2450
TIR
Docket No: 1815-14
11 March 2015
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552,
Although your application was not filed in a timely manner, the
‘Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. -A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 3
March 2015. 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 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, began a period of active duty
on 26 October 1976, and served for nearly a year without
disciplinary incident. However, on 21 September and again on 6
October 1977, you received nonjudicial punishment (NUJP) for
absence from your appointed place of duty, disobedience, and
dereliction of duty. On 29 December 1977, you were convicted by
special court-martial (SPCM) of destruction of government
preperty and assault.
Subsequently, after waiving your procedural rights, your
commanding officer recommended separation in accordance with a
Navy expeditious program. The discharge authority approved this
recommendation and directed separation under honorable conditions
with the assignment of an RE-3C reenlistment code, and on 6
November 1978, you were so discharged. At the time of your
separation, character of service was based, in part, on conduct
and proficiency averages which were computed from marks assigned
during periodic evaluations. Your conduct average was 3.6,
however, an average of 4.0 in conduct was required for a fully
honorable characterization of service.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct, desire to upgrade your discharge, and
_assertion that you were in good standing upon your discharge from
the Marine Corps. Nevertheless, the Board concluded these
factors were not sufficient to warrant relief in your case
because ‘of the seriousness of your misconduct and since your
conduct average was insufficiently high to warrant a fully
honorable characterization of service. Finally, the Board
concluded that there is evidence in the record that is contrary
to your assertion of being in good standing with the Marine Corps
at the time of your separation. Accordingly, your application
has been denied.
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
within one year from the date of the Board’s decision. 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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