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NAVY | BCNR | CY2003 | 09051-03
Original file (09051-03.rtf) Auto-classification: Denied


                  DEPARTMENT OF THE NAVY
         BOARD FOR CORRECTION OF NAVAL RECORDS
                                              2 NAVY ANNEX
 WASHINGTON DC 20370-5100
                 



SJN
Docket No: 09051-03
                                                                                           2 August 2004


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 27 July 2004. 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 Boa rd found the evidence submitted was ins u cifficient to establish the existence of probable material error or injustice.
Yo u r s th e enter the Navy at age 17. During the period from 2 1974 to 15 July 1975 you received three nonjudicial punishments (NJP)f or an unauthorized absence (UA) of. about two days, two absences from your appointed place of duty, and disorderly conduct. You were also convicted by summary court-martial (SCM) of a 22-day period of UA and breaking restriction.
On 15 October 1975 you were counseled that administrative separation could be initiated if your conduct did not improve. However, on 5 November 1975 you received another NJP for two UA’s totaling 17 days.
On 4 December 1975, administrative separation action was initiated discharge by reason of unfitness due to frequent involvement of a discreditable nature. You initially elected to request an administrative discharge board (ADB). However, on 10 December 1975, after consulting with counsel, you waived the right to an ADB provided that you were recommended for a general discharge. On 15 December 1975 the commanding officer recommended that you be separated with a general discharge by reason of unfitness. On 29 December 1975 the Chief of Naval Personnel directed a general discharge and you were so discharged on 18 December 1975.










The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and immaturity. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of four NJP’s and conviction by SCM. The Board also believed you were very fortunate to receive a general discharge because you could have been separated with an undesirable discharge based on your record of disciplinary actions. 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,
























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