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NAVY | BCNR | CY2014 | NR1870 14
Original file (NR1870 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

SIN
Docket No: 1870-14
12 March 2015

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,

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

24 February 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.

BRfter 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 Reserve and began a period of
active duty for training on 4 September 1959. On 5 March 1960,
you were released from active duty for training and transferred
to the Marine Corps Reserves. On 20 August 1962, you received
nonjudicial punishment (NUP) for disobedience. You received a
reduction in paygrade. On 14 August 1976, you received a general
discharge at the completion of your required service.

Characterization of service is based in part on conduct marks
assigned on a periodic basis. Your conduct average was 3.4. 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 entire record and application,
carefully weighed all potentially mitigating factors, such as
your 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 NJP and failure to attain
the required average in conduct. 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 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

   
   

BERT J. O'NEILL
Executive Director

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