DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001 ©
ARLINGTON, VA 22204-2490
TAL
Docket No: 2804-13
27 February 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 12 February 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 taterial error. or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 9 July 1974 at age 20. You received nonjudicial _
‘punishment (NJP) on four occasions for sleeping on post as a
fire watch, three instances of failure to go to your appointed
place of duty, and using disrespectful - language toward a
“noncommissioned officer. On 31 March. 1976 you were released.
from active duty in compliance with the Expeditious Discharge
. Program. You were: discharged under honorable conditions based on -
yours conduct mark average.
Characterization of service is. based in part on conduct and
proficiency. averages computed from marks assigned on a periodic |
basis. Your .conduct average was 3.5. 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 application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant upgrading your
discharge given your misconduct that resulted in four NUJPs and
failure to attain the required average in conduct. Finally,
there is no provision of law or in Marine Corps regulations that
“allows for recharacterization of service due solely to the
passage of time. ‘The Board believed you were fortunate to
receive a general characterization of service, since Marines who
‘have committed misconduct: ‘normally receive other than honorable
“discharges. Accordingly, your application has been denied. The
mames 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,
TD, rf
a ROBERT D. ZSALMAN .
Acting Executive Director
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