SMW
Docket No: 13-07
11 July 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 11 July 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.

On 26 March 1953 you enlisted in the Marine Corps Reserve at age 17 and began an extended period of active duty on that same date. During the period from 10 August 1953 to 19 March 1954 you received two nonjudicial punishments (NJP’s) and were convicted by a summary court-martial (SCM) . Your offenses included two instances of absence from your appointed place of duty and disrespect.

A service record entry of 25 March 1955 stated that you had failed to maintain a satisfactory conduct mark average and were not recommended for reenlistment. On 25 March 1955 you were released from active duty under honorable conditions due termination of active service. On 25 March 1961 you received a general discharge due to the expiration of your obligated service.

Characterization of service is determined, in part, by overall proficiency and conduct mark averages computed from marks assigned on a periodic basis. Your final proficiency and conduct
mark averages were 5.0 and 3.7, respectively. Averages of 5.0 in proficiency and 4.0 in conduct were 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 youth and desire for a better discharge. The Board also considered your contention of not being told why you received a general discharge. Nevertheless, the Board concluded that these factors and contention were not sufficient to warrant recharacterization of your discharge due to your misconduct and failure to attain the minimum conduct average required for a fully honorable characterization of service. Therefore, 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,

								W. DEAN PFEIFFER
Executive Director