DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

TJR
Docket No: 7663-03
9 August 2004

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 3 August 2004. 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 iniusti cc.

You enlisted in the Marine Corps on 29 March 1970 at age 17 and served without disciplinary incident until 24 January 1972, when you received nonjudicial punishment (NJP) for absence from your appointed place of duty and missing the movement of your ship. The punishment imposed was reduction to paygrade E-1, a $250 forfeiture of pay, and restriction for 40 days.

On 4 February and 18 May 1972 you were convicted by summary court-martial (SCM) of four specifications of assault, breaking restriction, and disobedience.

On 13 June 1972 you were notified of pending administrative separation action by reason of unsuitability. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board. Subsequently, your commanding officer recommended a general discharge by reason of unsuitability. On 24 June 1972 the discharge authority directed a general discharge by reason of unsuitability due to a character and behavior disorder, and on 17 July 1972 you were so discharged.

Character of service is based, in part, on conduct and overall trait averages which are computed from marks assigned during periodic evaluations. Your conduct average was 3.4. An average of 4.0 in conduct was required at the time of your separation 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 youth, post service conduct, the passage of time, and your assertion of unequal treatment and your claim that your record is only partially correct. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your serious misconduct, which resulted in NJP and two court-martial convictions, and since your conduct average was insufficiently high to warrant an honorable discharge. Further, no discharge is automatically upgraded due to the passage of time. Finally, you have submitted no evidence, and the record contains no such evidence, to support your claim of unequal treatment. Accordingly, 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 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.

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