DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5332-14
14 May 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
13 May 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 and began a period of active
duty on 1 November 1972. You served for a year and four months
without disciplinary incident, but on 18 March 1974, you
received nonjudicial punishment (NUP) for two instances of
unauthorized absence from your unit for a period totaling 44
days. You were UA from your unit on three additional occasions
for a period totaling 68 days. However, the record does not
reflect that any disciplinary action was taken for the foregoing
periods of UA. You remained on active duty until
13 February 1975, when you were released from active duty and
transferred to the Marine Corps Reserve under honorable
conditions at the expiration of your obligated service, based on
your disciplinary record and conduct mark average.
Characterization of service is based in part on your conduct
average computed from marks assigned on a periodic basis. Your
conduct mark average was 2.8. At the time of your service, a
conduct mark 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 desire to upgrade your discharge. Nevertheless, the Board
found that these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your repeated misconduct 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,
ROBERT J. O’ NEILL
Executive Director
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