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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