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NAVY | BCNR | CY2002 | 10392-02
Original file (10392-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE  NAVY 

BOARD  FOR  C O R R E C T I O N   OF  NAVAL  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: 10392-02 
12 September 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 9 September 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 6 October 1976 at age 19.  On 21 July 
1977 you received nonjudicial punishment (NJP) for a 31 day 
period of unauthorized absence (UA) and were awarded a $75 
forfeiture of pay, reduction to paygrade E-1, and restriction 
for 30 days. 

On 16 August 1977 you were notified of pending separation action 
by reason of unsuitability.  At that time you waived your right 
to consult with legal counsel and to submit a statement in 
rebuttal to the separation.  On 19 August 1977 your commanding 
officer recommended separation by reason of unsuitability.  This 
recommendation also stated, in part, as follows: 

Counselling and rehabilitation attempts as a result of Uq 
indicate that Member has no motivation or desire to continue 
his current enlistment.  He would be an administrative 
burden to whatever command attached. 

Subsequently, the discharge authority directed a general 
discharge by reason of unsuitability, and on 2 September 1977 you 
were so discharged. 

Character of service is based, in part, on conduct and overall 
trait averages which are computed from marks assigned during 
periodic evaluations.  Your conduct average was 2.0.  An  average 
of 3.0 in conduct was 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 that you were told that your discharge would be 
automatically upgraded a year after your separation. 
Nevertheless, the Board concluded these factors and contention 
were not sufficient to warrant recharacterization of your 
discharge because of the lengthy period of UA and since your 
conduct average was insufficiently high to warrant an honorable 
discharge.  Further, no discharge is automatically upgraded due 
to the passage of time.  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 
existence of probable 

on the applicant to demonstrate the 
material error or injustice. 

W.  DEAN P 



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