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

TJR
Docket No: 8055-03
17 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 10 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 injustice.

You enlisted in the Marine Corps on 27 April 1965 at age 19.  During the period from 4 January to October 1966 you received nonjudicial punishment (NJP) on three occasions and were convicted by special court-martial (SPCM) and summary court-martial (SCM). Your offenses were two specifications of theft, absence from your appointed place of duty, breaking restriction, and two specifications of failure to go to your appointed place of duty.

You received four more NJPs during the period from 6 March to 23 August 1967 for absence from your appointed place of duty, two specifications of failure to obey a lawful order, drunk and disorderly conduct, and a nine day period of unauthorized absence
(UA).

During the period from 1 February to 21 December 1968 you received NJP on three more occasions for sleeping on post, drunk and disorderly conduct, breaking restriction, absence from your appointed place of duty, and drunkenness.

On 31 January 1969 you were convicted by SPCM of breaking restriction, absence from your appointed place of duty, drunkenness, incapacitation, and discreditable conduct, and were sentenced to a $140 forfeiture of pay.

Subsequently, on 1 April 1969, you were released from active duty under honorable conditions and transferred to the Marine Corps Reserve. On 12 June 1971, upon completion of your military obligation, you received a general discharge.

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 3.2. 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 and your assertion that your discharge should be changed because you served your country honorably. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your repetitive misconduct, which resulted in 10 NJPs and three court-martial convictions, and since your conduct average was insufficiently high to warrant a fully honorable characterization of service. 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.

Sincerely,

2