DEPARTMENT OF THE NAVY
BOARD FOR 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 NAVY ANNEX
W A S H I N G T O N D C 20370-5100
TJR
Docket No: 51-03
24 October 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 21 October 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 18 February 1977 at age 18.
On 12 December 1977 you were convicted by special court-martial
(SPCM) of three periods of unauthorized absence (UA) totalling
141 days. You were sentenced to confinement at hard labor for
three months and a $786 forfeiture of pay.
Subsequently, on 3 January 1978, you were notified of pending
administrative separation action by reason of unsuitability. At
that time you waived your right to consult with legal counsel and
to submit a statement in response to the separation action. On 5
January 1978 your commanding officer recommended a general
discharge by reason of unsuitability due to apathy and a
defective attitude. The discharge authority approved this
recommendation and directed a general discharge by reason of
unsuitability, and on 10 January 1978 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
average was 1.0. 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, and your assertion that you were told
that you would be eligible for a discharge upgrade upon
completion of your six month probation period. Nevertheless, the
Board concluded these factors were not sufficient to warrant a
recharacterization of your service because of your repetitive
periods of UA, which resulted in a court-martial conviction, and
since your conduct average -was insufficiently high to warrant a
fully characterization of service. Additionally, no discharge is
upgraded solely 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 on the applicant to demonstrate the
existence of probable material error or injustice.
W. DEAN PFEI
Executive Di
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