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NAVY | BCNR | CY1998 | NC9802013
Original file (NC9802013.rtf) Auto-classification: Denied

        

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

                                             CRS
Docket No: 2013-98 29 June 1999









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 23 June 1999. 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.

The Board found that you enlisted in the Navy on 25 January 1965 at age 17. Your record reflects that you received six nonjudicial punishments and were convicted by a summary courtmartial. The offenses included unauthorized absences totalling seven days, absence from your appointed place of duty on four occasions, and failure to obey a lawful order on two occasions. Subsequently, a physical evaluation board, conducted on 4 December 1968, found that you had vesicular lesions on your hands and feet. On 16 January 1969 you were transferred to the temporary disability retirement list. On 22 February 1974 you received a general discharge by reason of physical disability with severance pay.

Character of service is based, in part, on one's conduct and overall trait averages, both of which are computed from marks assigned during periodic evaluations. Your conduct and overall trait averages were 2.90 and 3.01, respectively. A minimum average conduct mark of 3.0 was required for a fully honorable characterization of service at the time of your separation.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth and
immaturity. However, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge given your seven disciplinary actions and since your conduct average was insufficiently high to warrant a fully honorable discharge. 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























2

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