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NAVY | BCNR | CY2003 | 02060-03
Original file (02060-03.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 20370-5100
                  TJR
 Docket No: 2060-03
29 August 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 26 August 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 February 1969 at age 18. On 17 November and again on 8 December 1969 you received nonjudicial punishment (NJP) for absence from your appointed place of duty and failure to go to your appointed place of duty.

On 26 January 1970 you received NJP for breaking restriction, missing the movement of your ship, failure to obey a lawful order, wrongful possession of two identification cards, and three periods of unauthorized absence (UA) totaling 10 days. The punishment imposed was restriction for 30 days and a $90 forfeiture of pay. On 18 May 1970 you received your fourth NJP for absence from your appointed place of duty and were awarded restriction and extra duty for 15 days and a $20 forfeiture of pay.

On 2 November 1970 you were released from active duty under honorable conditions and transferred to the Naval Reserve. On 28 February 1975, at the expiration of your military obligation, you received a general discharge.

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 2.47. 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, time served in Vietnam, and your contention that you were issued a general discharge because of racial issues. 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 since your conduct average was insufficiently high to warrant a fully honorable characterization of service. Further, the Board noted that there is no evidence in the record, and you submitted none, to support your contention of racial issues. 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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