DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 4202-01
23 November 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 November 2001.
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.
Your allegations of error and
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 Reserve on 13 November
1972 at the age of 18.
Approximately five months later, on 2
April 1973, you received nonjudicial punishment (NJP) for theft
and were awarded restriction and extra duty for 10 days and a
$150 forfeiture of pay.
you were diagnosed with a character and
On 3 July 1973 you were notified of pending
Your record reflects that on 26 June 1973, after undergoing a
psychiatric examination,
behavior disorder and recommended for an administrative
separation.
administrative separation action by reason of unsuitability due
to the diagnosed character and behavior disorder.
you waived your rights to consult with legal counsel and to
submit a statement of rebuttal to the discharge.
the discharge authority directed a general discharge by reason of
unsuitability.
On 22 August 1973 you were so discharged.
At that time
On 27 July 1973
Character of service is based, in part, on conduct and overall
trait averages which are computed from marks assigned during
Your only
periodic evaluations.
an average of 3.0 in conduct was
separation for a fully honorable
conduct mark was 2.6.
required at the time of your
characterization,of service.
However,
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, post service conduct, and your
contention that a relatively minor offense is the only reason you
did not received a fully honorable discharge.
concluded these factors and contention were not sufficient to
,warrant a change in the characterization of your service because
of your insufficiently high conduct mark.
circumstances of your case,
was proper and no change is warranted.
application has been denied.
the Board concluded your discharge
However, the Board
Given all the
Accordingly, your
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
2
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