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NAVY | BCNR | CY2002 | 03949-02
Original file (03949-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

TJR
Docket No: 3949-02
11 December 2002

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 10 December 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record,
and policies.

Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,

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.

You enlisted in the Navy on 26 October 1964 at the age of 17. At
the time of enlistment you had completed 10 years of formal
education and had a general classification test (GCT) score of
37, which placed you in Mental Group IV.

On 17 March 1965 you received nonjudicial punishment
assault, breach of peace,
punishment imposed was extra duty and restriction for 30 days and
a $42.90 forfeiture of pay.

and damage to government property.

(NJP) for

 

The

During the period from 15 March to 12 July 1966 you received NJP
on three more occasions for failure to go to your appointed place
of duty, absence from your appointed place of duty, two
specifications  of failure to obey a lawful order, and a one day
period of unauthorized absence (UA).
convicted by special court-martial (SPCM) of two periods of UA
totalling 32 days and missing the movement of your ship.
were sentenced to reduction to  
labor for three months,

paygrade  E-l, confinement at hard

and a $225 forfeiture of pay.

On 24 October 1966 you were

You

On 26 July and again on 18 September 1967 you received NJP for
disobedience, disrespect,
appointed place of duty.

and two periods of absence from your

Subsequently, you were processed for an administrative separation
by reason of convenience of the government, and on 12 April 1968
you were issued a general discharge.

Character of service is based, in part, on conduct and overall
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.

An average

It also considered your contention that you do not

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, limited education, and low test
scores.
believe that you did anything to warrant a general discharge, and
that only a few months remained in your enlistment before you
would have been separated with a fully honorable characterization
of service. The Board further considered your request for
restoration to 
these factors and contentions were not sufficient to warrant
recharacterization of your discharge because of your repetitive
misconduct and since your conduct average was insufficiently high
to warrant an honorable discharge.
The Board further concluded
paygrade  E-3 was not
that your request for restoration to  
warranted since sufficient evidence existed to support the
reductions in paygrade.
denied.

Accordingly, your application has been

paygrade  E-3.

Nevertheless, the Board concluded

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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