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

SMW
Docket No: 1931-07
7 September 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 6 September 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 7 August 1974, you enlisted in the Navy Reserve at age 19 and began a period of active service. You then served without incident until 13 July 1976, when you had nonjudicial punishment for the hazarding of two vessels. On 27 July 1976, you were released from active duty under honorable conditions due to your expiration of active service. Subsequently, you were issued a general discharge upon completion of your military obligation.

Characterization of service is determined, in part, by overall trait and military behavior averages computed from marks assigned on a periodic basis. Your final overall trait and military behavior averages were 3.09 and 2.86, respectively. An average of 2.7 in overall trait and 3.0 in military behavior were required for a fully honorable characterization of service.

The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your youth, disciplinary action and the fact that the offense occurred more than 30 years ago. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your
discharge due to the seriousness of your misconduct, and your failure to maintain the required military behavior average 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,