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NAVY | BCNR | CY2001 | 08212-00
Original file (08212-00.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-510

0

TJR
Docket No: 8212-00
28 February 2001

--

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 27 February 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 on 31 January 1972 at
the age of 18.
Your record reflects that on 8 September 1972 you
received nonjudicial punishment (NJP) for absence from your
WA).
appointed place of duty and a day of unauthorized absence
The punishment imposed was extra duty and restriction for 45 days
and a $50 forfeiture of pay,
which was suspended for six months.

 

On 8 January 1973 you were processed for an administrative
separation by reason of convenience of the government in
accordance with an early release program.
while awaiting separation,
of UA.
discharge,

and on 12 January 1973 you were so discharged.

you received NJP for an 11 day period
the discharge authority directed a general

On 11 January 1973,

Subsequently,

Character of service is based, in part,
trait averages which are computed from marks assigned during
periodic evaluations.
of 3.0 in conduct was required at the time of your discharge for
a fully honorable characterization of service.

Your conduct average was 2.3.

on conduct and overall

An average

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such  as

However, the Board concluded these factors were not

your youth and immaturity,
discharge would be automatically upgraded six months after your

separation.
sufficient to warrant a change in the characterization of your
discharge given the misconduct of record, and since your conduct
average was insufficiently high to warrant an honorable
discharge.
passage of time.
Board concluded your discharge was proper and no change is
warranted.
Accordingly, your application has been denied.

Further, no discharge is upgraded merely due to the
Given all the circumstances of your case, the

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
You are entitled to have the
favorable action cannot be taken.
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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