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NAVY | BCNR | CY1999 | 02150-99
Original file (02150-99.pdf) Auto-classification: Denied
D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 NAW ANNEX 

WASHINGTON DC  20370-5100 

TJR 
Docket No: 2150-99 
31 August 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 24 August 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 the evidence submitted was insufficient 
to establish the existence of probable material error or 
injustice. 

The Board found you enlisted in the Navy on 7 August 1963 at the 
age of 17.  Approximately six months later, on 7 February 1964, 
you received non judicial punishment  (NJP) for wrongful 
appropriation and  were confined on bread and water for three 
days.  On 31 July 1964 you received NJP for assault.  The 
punishment imposed was forfeitures totalling $30 and confinement 
on bread and water for three days.  On 4 November 1964 you 
received NJP for disrespect.  The punishment imposed was 
restriction for 15 days and forfeitures totalling $15.  On 1 and 
17 December 1964 you received NJP for absence from your appointed 
place of duty and failure to go to your appointed place of duty. 

Your record reflects that on 30 September 1965 you received NJP 
for breach of peace and assault.  The punishment imposed was 
restriction for 15 days, extra duty for 10 days, and forfeitures 
totalling $35.  On 22 July 1966 you received your seventh NJP for 
failure to go to your appointed place of duty.  The punishment 
imposed was restriction for 10 days and forfeitures totalling 
$20. 

On 20 September 1966, upon completion of your enlistment, you 
were released from active duty.  Subsequently, you received a 
general discharge upon completion of your six year military 
obligation. 

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 2.73.  An average 
mark of 3.0 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 immaturity, and your contention that you would 
like your discharge upgraded.  However, the Board concluded these 
factors were not sufficient to warrant recharacterization of your 
discharge given the serious nature of your frequent misconduct 
which resulted in seven NJPs, and since your conduct average was 
insufficiently high to warrant an honorable characterization of 
service.  Given all the circumstances of your case, the Board 
concluded your discharge was proper 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. 

W. DEAN PFEIFFER 
Executive Director 



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