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NAVY | BCNR | CY1999 | 07990-98
Original file (07990-98.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

TRG
Docket No: 7990-98
18 March 1999

Dear 

I

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 16 March 1999.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.

Your allegations of error and

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 27 March 1978 at
The record shows that you served without incident until
age 26.
On that date you began a period of unauthorized
7 January 1979.
absence which lasted until you surrendered on 16 October 1979, a
period of about 282 days.
November 1979 and convicted you of the 282 day period of absence.
The court sentence you to reduction to pay grade E-l, forfeiture
of $200, and confinement at hard labor for 20 days. In
connection with the court-martial,
1.0 in military behavior (conduct).

A summary court-martial convened on 27

you were assigned a mark of

On 13 December 1979 you were notified of discharge processing by
reason of unsuitability due to apathy, defective attitude and
inability to expend effort effectively.
general discharge on 21 December 1979.

You were issued a

When an individual was discharged due to unsuitability, character
service, was based, in part, on conduct and overall trait
averages computed from marks assigned during periodic
evaluations.
average mark of 3.0 in conduct was required at the time of your
separation for a fully honorable characterization of service.

Your conduct mark average was 2.4.

A minimum

In its review of your application the Board carefully weighed all
such as the documentation which
potentially mitigating factors,
shows that you were unsuitable for service.
these factors were not sufficient to warrant recharacterization
of your discharge given the lengthy period of unauthorized
absence and your failure to achieve the required average mark in
conduct.
issued and no change is warranted.

The Board concluded that the discharge was proper as

The Board found that

Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.

The names and

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



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