DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 2414-01
10 July 2001
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.
considered your application on
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
8 August 2001.
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.
You enlisted in the Navy on 23 March 1973 for three years at age
The record reflects that you were advanced to SA (E-2) but
19.
served only four months without incident.
period from July to December 1973 you received three nonjudicial
punishments (NJP) for use of reproachful words, a three-hour
period of unauthorized absence, disorderly conduct, and assault.
You the served without further incident until 5 April 1974 when
you received a general discharge by reason of pregnancy.
During the five-month
Character of service is based, in part,
overall traits averages that are computed from marks assigned
during periodic evaluations.
traits averages were.2.9 and 3.3, respectively.
your discharge, a minimum average mark of 3.0 in military
behavior was required for a fully honorable characterization of
service.
Your military behavior and overall
At the time of
on military behavior and
In its review of your application the Board carefully weighed all
potentially mitigating
.factors such as your youth and immaturity
and the fact that is has been more than 27 years since you were
The Board noted that you have been denied veterans
discharged.
benefits from the state of Illinois due to the character of your
discharge, and your contention that you were never informed that
your discharge could be the basis for denial of veterans'
benefits.
The Board concluded that the foregoing factors and
contention were insufficient to warrant recharacterization of
your discharge given your record of three
of service and the fact that you failed to achieve the required
average in military behavior.
been denied could not be determined from your application.
fact that certain benefits have been denied does not provide a
valid basis for recharacterizing service.
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.
NJPs in only 13 months
What veterans' benefits you have
The
The Board concluded
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
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.
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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