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NAVY | BCNR | CY2002 | 07893-02
Original file (07893-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE  NAVY 

B O A R D   FOR  C O R R E C T I O N   O F  NAVAL  R E C O R D S  

2  NAVY  ANNEX 

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

TJR 
Docket No: 7893-02 
24 April 2003 

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 22 April 2003.  Your allegations of error and 
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 the evidence submitted was insufficient 
to establish the existence of probable material error or 
injustice. 

You enlisted in the Navy on 20 September 1974 at age 19.  On 22 
May 1975 you received nonjudicial punishment  (NJP) for two 
specifications of disobedience, making a false official 
statement, and absence from your appointed place of duty. 
punishment imposed was correctional custody for 30 day, a 
forfeiture of pay, and reduction to paygrade E-1, which was 
suspended for three months.  On 4 August 1975 you received NJP 
for two periods of absence from your appointed place of duty, two 
specifications of disobedience, and disrespect.  The punishment 
imposed was correctional custody for 20 days.  The suspended 
reduction awarded at the 22 May 1975 NJP was also vacated at this 
time.  On 26 September and again on 13 October 1975 you received 
NJP for two periods of absence from your appointed place of duty 
and disobedience. 

The 

On 27 November 1975  you were notified of pending administrative 
separation action by reason of convenience of the government due 
to substandard performance.  After consulting with legal counsel 
you waived your right to present your case to an administrative 

discharge board and to submitted a statement of rebuttal to the 
separation.  On 28 November 1975 your commanding officer 
recommended separation by reason of convenience of the government 
due to substandard performance.  Subsequently, the discharge 
authority approved this recommendation your commanding officer 
was directed to issue you a general discharge by reason of 
convenience of the government due to substandard performance, and 
on 17 December 1975 you were so discharged. 

At the time of your separation character of service was based, in 
part, on conduct and overall trait averages which were computed 
from marks assigned during periodic evaluations.  Your conduct 
and overall traits averages were 1.9 and 2.0, respectively. 
Averages of 3.0 and 2.7 were required at the time of your 
separation for a fully honorable characterization of service. 

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 racial discrimination.  Nevertheless, the Board 
concluded these factors and contention were not sufficient to 
warrant recharacterization of your discharge because of your 
repetitive misconduct, which resulted in four NJPs and failure to 
attain the required conduct and overall trait averages.  The 
Board noted that there is no evidence in your record, and you 
submitted none, to support your contention of racial 
discrimination.  Further, no discharge is automatically upgraded 
due to the passage of time and/or an individual's good behavior 
after discharge.  Accordingly, your application has been denied. 

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 0 t h ~ ~  
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. 

matter not previo~isly considered by t.he  Roasd. 

Sincerely, 

W. DEAN PFEIFFER 
Executive Director 



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