DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 4035-99
24 September 1999
Dear
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 22 September 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 Navy on 31 July 1974 for
three years at age 17.
advanced to SA (E—2) and served for seven months without
incident.
March 1975 you received two nonjudicial punishments (NJP) for two
instances of dereliction of duty, failure to obey a lawful order
and a uniform violation.
However, during the two month period from February to
The record reflects that you were
On 27 March 1975 you were notified that discharge was being
considered by reason of being a burden to the command and not
being petty officer material.
procedural rights and declined to submit a statement in your own
behalf.
instances of absence from your appointed place of duty, three
instances of failure to obey a lawful order, and breaking
restriction.
On 7 April 1975 you received a third NJP for three
You were advised of your
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
3
On 8 April 1975 the commanding officer (CO) advised the Chief of
Naval Personnel that you had become a burden to the command due
to your substandard performance or inability to adapt to the
military service.
discharge by reason of convenience of the government due to
“Burden to Command Due to Substandard Performance or Inability to
Adapt to Military Service.”
RE-4 reenlistment code.
On 9 April 1975 you received a general
At that time, you were assigned an
Regulations provided that individuals discharged by reason of
convenience of the government would receive...the type of discharge
warranted by the service record.
Character of service is based,
in part, on military behavior and overall traits averages which
are computed from marks assigned during periodic evaluations.
Your military behavior and overall trait averages were 1.0 and
1.55, respectively.
fully honorable characterization at the time your discharge were
3.0 in military behavior and 2.7 in overall traits.
Regulations
also required the assignment of an RE-4 reenlistment code to
individuals discharged by reason of burden to the command due to
substandard performance or inability to adapt to military
service.
The minimum average marks required for a
The Board noted your
You assert that your discharge has adversely
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
limited education, and the fact that is has been more than 24
years since you were discharged.
contentions that you were told that after a short period of time,
your discharge would be upgraded and that a reenlistment code was
not needed.
affected your employment opportunities.
the foregoing factors and contentions were insufficient to
warrant recharacterization of your discharge given your record of
three NJPs and failure to achieve the required averages in
military behavior and overall traits.
neither supported by the evidence of record nor by any evidence
submitted in support of your application.
required and there are no automatic provisions for upgrading a
discharge.
compliance with applicable regulations.
of procedural errors which would have jeopardized your rights.
The Board concluded that the discharge and reenlistment code were
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.
Your administrative discharge was accomplished in
The Board concluded that
Your contentions are
A reenlistment code is
There is no indication
It is regretted that the circumstances of your case are such that
favorable action cannot be taken.
You are entitled to have the
2
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