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NAVY | BCNR | CY2002 | 08750-02
Original file (08750-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE  NAVY 

B O A R D   F O R   C O R R E C T I O N   O F   N A V A L   R E C O R D S  

2  N A V Y A N N E X  

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

TJR 
Docket No: 8750-02 
20 June 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 18 June 2002.  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 29 August  1977 at the age of 18.  On 
13 October 1978 you received nonjudicial punishment  (NJP) for 
three periods of absence from your appointed place of duty, 
disrespect, and disobedience.  The punishment imposed was 
correctional custody for 30 days and a $440 forfeiture of pay. 

On 20 October 1978 you were notified of pending administrative 
separation action by reason of convenience of the government due 
to below average performance ratings and inability to meet 
effectiveness  standards.  After consulting with legal counsel, 
you did not object to the discharge and you waived your right to 
submit a statement in rebuttal to the separation.  On 14 December 
1978 you were assigned adverse marks of 1.0  in the marking 
categories of  professional performance, military behavior, and 
adaptability, and an adverse mark  of 2.6  in the category of 
military appearance.  The reporting senior stated, in part,  that 
your performance was completely substandard, you were belligerent 
and refused to obey orders, you adversely affected morale, and 
you disappeared from your work  sites. On 20 December  1978 your 
commanding officer recommended separation by reason of 

convenience of the government due to below average performance, 
inability to meet effectiveness standards, and failure to carry 
out the smallest task. 

On 2 April 1979 an enlisted performance evaluation board 
recommended separation with a characterization of service as 
warranted by your service record.  Subsequently, the discharge 
authority directed your commanding officer to issue you a general 
discharge and on 6 April 1979 were so discharged. 

Character of service is based, in part, on conduct and overall 
traits averages which are computed from marks assigned during 
periodic evaluations.  Your conduct and overall traits averages 
were 2.1 and 2.5, respectively.  Average marks of 3.0 in conduct 
and 2.7 in overall traits 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 considered all mitigating factors, such as your youth 
and immaturity, and your contentions that you were voluntarily 
discharged and that your general discharge has become an obstacle 
for possible employment.  Nevertheless, the Board found the 
evidence and materials submitted were not sufficient to warrant 
recharacterization of your discharge because of your substandard 
performance, misconduct which resulted in a NJP, and since your 
conduct and overall traits averages were insufficiently high to 
warrant an honorable 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 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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