DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 6297-00
2 March 2001
Dear 0 miiilnneia is, ;
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 for the Board for Correction of Navy
Records, sitting in executive session, considered your
application on 28 February 2001. 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 Naval Reserve on
2 November 1973 and were ordered to 24 months of active duty.
The record reflects that you completed recruit training and CS
"A" School, were advanced to CSSA (E-2), and were assigned to
duty with a fleet unit in La Maddalina, Spain. You served
without incident until 8 March 1974 when you were seen by.a
medical officer in response to concern over suicidal statements
you had made. Your complaints were directed toward the duty
station, lack of activity, and being homesick. The medical
officer's impression was moderate depression due to isolation and
domestic separation. On 26 March 1974, the medical record noted
that you had been seen about every three or four days during the
past three weeks for discontent due to being stationed overseas
in an isolated area. You mentioned taking your life, but this
talk appeared to be a manipulative attempt to gain stateside
duty. Your problems were discussed with the commanding officer
who agreed to speak with you. However, your attitude remained
unchanged.
During the six-month period from August 1974 to February 1975 you
received three nonjudicial punishments (NJP) four instances of
absence from your appointed place of duty, insubordination, and
two instances of failure to obey a lawful order.
On 22 May 1975 you were convicted by special court-martial of
three periods of UA totalling about 39 days and wrongful
appropriation of an automobile. You were sentenced to
confinement at hard labor for six months, forfeitures of $229 per
month for six months, and a bad conduct discharge. On 16 June
1975 the convening authority approved only so much of the
sentence that provided for four months of confinement and
forfeitures.
On 24 June 1997, the transient personnel unit in Great Lakes IL
requested authority to discharge you by reason of convenience of
the government with type of discharge warranted by your service
record. Authority was granted and your were notified on 14 July
1975 that you were being processed for discharge by reason of
convenience of the government due to being a burden to the
command as evidenced by substandard performance or an inability
to adapt to military service. On 15 July 1975 the unexecuted
portion of the sentence to confinement was remitted and you were
separated with a general discharge.
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
traits averages were both 2.6. The minimum average marks
required for a fully honorable characterization at the time of
your discharge were 3.0 in military behavior and 2.7 in overall
traits.
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 it has been more than 25
years since you were discharged. The Board noted your contention
that you acquired an addiction problem while stationed in an
isolated overseas area. The Board concluded that the foregoing
factors and contention were insufficient to warrant recharacteri-
zation of your discharge given your record of three NJPs and
special court-martial conviction, and your failure to achieve the
required averages in military behavior and overall traits.
Your contention is neither supported by the evidence of record
nor by any evidence submitted in support of your application.
The Board concluded that the 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.
Sincerely, _-
W. DEAN PFEIFFER
Executive Director
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