DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 $. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BIG
Docket No: 2049-14
15 October 2014
Dear aT
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 15 October 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps and entered a period of active
duty on 6 July 1970. You received nonjudicial punishment on
three occasions for shoplifting and two periods of unauthorized
absence (UA) totaling 28 days. You also had another period of
UA totaling 98 days for which no disciplinary action was taken.
You were then diagnosed with a character and behavior disorder
which interfered with the performance of your duties. You were
recommended for administrative separation with a type warranted
by your service record characterization of service due to
unsuitability. On 4 February 1972, you received a general
characterization of service due to unsuitability, and were
assigned a waivable RE-3P (condition, not a disability)
reenlistment code. ,
Characterization of service is based in part on conduct marks
assigned on a periodic basis. Your conduct mark average was
2.7. 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, post
‘service good conduct, 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. 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 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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