DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No: 6641-01
5 December 2001
Your allegations of error and
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 5 December 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.
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 13
February 1973 at age 17.
1973.
The record reflects that you received five nonjudicial
punishments.
totalling 60 days, breaking restriction,
On 3 July 1974 the commanding officer recommended that you be
separated with a general discharge by reason of unfitness.
informed of the recommendation,
present your case to an administrative discharge board.
After
review by the discharge authority, the recommendation for
separation was approved and you received a general discharge on
30 July 1974.
The statement of service sent to you by the National Personnel
Records Center on 22 May 2001 stating that you have an other than
honorable discharge is in error and should be disregarded.
Enclosed is a copy of the Certificate of Release or Discharge
from Active Duty (DD Form
When
you elected to waive the right to
You reported to active duty on 9 May
The offenses included unauthorized absences
and dereliction of duty.
214), which shows that you received a
such as your youth and immaturity
Accordingly, your
general discharge, under honorable conditions.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
and the contention that you were told the discharge would be
upgraded to honorable within six months.
However, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your discharge, given your record of
frequent involvement with military authorities.
The Board
especially noted the fact that you were the subject of five
disciplinary actions within a period of less than two years. In
this regard, individuals discharged by reason of unfitness often
received undesirable discharges.
Therefore, the Board concluded
that you were fortunate to receive a general discharge.
Additionally, no law or regulation provides for a change in a
discharge based solely on the passage of time.
application has been denied.
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.
The names and votes of the members
Sincerely,
W. DEAN PFEIFFER
Executive Director
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Commanding Officer, Naval Station, San
Diego,
From:
To:
NS/SDIEGO/O40
29 July 1974
Narrative reason for discharge/separation
Subj:
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30 July
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