DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 7698-14
3 August 2015
Dear
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
8 July 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 25 September 1972. You served for a year and three
months without disciplinary incident, but during the period from
18 January 1974 to 22 August 1975, you received nonjudicial
punishment on five occasions. Your offenses were failure to go
to your appointed place of duty, failure to obey a lawful
regulation, making a false official statement, sleeping on post
unauthorized absence (UA) and insubordinate conduct toward a
noncommissioned officer. You remained on active duty until
25 September 1975, when you were released under honorable
conditions at the expiration of your enlistment, based on your
disciplinary record and 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 3.8. 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 desire to upgrade your discharge. Nevertheless, the Board
found that these factors were not sufficient to warrant
recharacterization of your discharge given your repeated
misconduct. The Board believed that you were fortunate to
receive a general discharge since a separation under other than
honorable conditions is often directed when a Marine has
committed repeated disciplinary infractions. Accordingly, your
application has been denied.
It igs 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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