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

TRG
Docket No: 6341-06
4 May 2007

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.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 May 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Marine Corps on 13 February 1974 at age 17. During your service your received five nonjudicial punishments. Your offenses were an unauthorized absence of about one day, four instances of absence from your appointed place of duty and sleeping on post. On 29 April 1976 you were notified of separation processing by reason of convenience of the government. At that time, you waived all of your procedural rights and stated that you did not object to separation. On 10 May 1976, you were issued a general discharge.

Character of service when an individual is discharged for the convenience of the government is based, in part, on conduct and proficiency averages, which are computed from marks assigned during periodic evaluations. Your conduct and proficiency averages were 3.4 and 3.6, respectively. A minimum average mark of 4.0 in conduct was required at the time of your separation for a fully honorable characterization of service.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth, limited education and low score on the aptitude test. The Board found that this factors were not sufficient to warrant recharacterization of the discharge given your record of misconduct and failure to achieve the required average mark in conduct. The Board concluded that the discharge was proper as issued and no change is warranted.

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,