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

TJR
									Docket No: 1606-07 
									5 December 2007

This is in reference to your application for correction of your naval record pursuant ~o the provisions of T~ tie 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 4 December 2007. 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 13 April 1979 at age 17 and served for 10 months without disciplinary incident. However, during the period from 7 February to 13 May 1980 you received nonjudicial punishment (NJP) on three occasions for absence from your appointed place of duty, abandoning your appointed place of duty, failure to obey a lawful order, sleeping on post, two specifications of disrespect, disobedience, and breach of restraints.

On 5 June 1980 you were notified of pending administrative separation action by reason of unsuitability due to apathy and a defective attitude. At that time you waived your right to submit a statement of rebuttal to the discharge. Subsequently, your commanding officer recommended discharge under honorable conditions by reason of unsuitability. On 9 June 1980 the discharge authority directed separation under honorable conditions by reason of unsuitability, and on 3 July 1980 you were issued 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 3.8. 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 desire to upgrade your discharge. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your repetitive misconduct which resulted in three NJPs, and since your conduct average was insufficiently high to warrant an honorable discharge. Accordingly, your application has been denied.

The names and votes of the members of the panel will he 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,

	W.	DEAN PFEIFFER
Executive Director