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NAVY | BCNR | CY2003 | 02621-03
Original file (02621-03.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 FC
Docket No: 02621-03
29 August 2003




This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10 of the 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 27 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

The Board found that you enlisted in the Navy on 25 February 1946 at age 17. During the period of 29 May 1946 to 27 June 1946 you received three nonjudicial punishments (NJPs) for a brief period of unauthorized absence, two instances of disobedience, shirking duty, and insolence. On 4 July 1946, you were convicted by deck court (DC) of absence from quarters and making a false statement at NJP, and were sentenced to restriction and extra duty. On 16 August 1946 you received a fourth NJP for missing quarters for muster and were awarded restriction. On 11 February 1947, you were convicted by a second DC for disobedience of an order, and were sentenced to solitary confinement on bread and water for five days and extra duty. On 3 August 1947, you received a third DC for sleeping on watch and were sentenced to solitary confinement on bread and water for 10 days and extra duty. On 6 January 1948, you received a general discharge. On 12 December 1949 you reenlisted in the Naval Reserves and were honorably discharged on 12 November 1953.

Characterization of service is determined, in part, by conduct and proficiency trait averages computed from marks assigned on a periodic basis. Your conduct average was 2.95 and your proficiency average was 2.4. Average of 3.25 in conduct and 2.75 in proficiency were required at the time of your separation for a fully honorable characterization of service.





In its review of your case, the Board carefully weighed all potentially mitigating factors such as your youth and immaturity, the length of time that has passed since you were discharged from the Navy, and your subsequent honorable service in the Naval Reserve. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your failure to obtain the conduct and proficiency averages required for a fully honorable characterization of service. 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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