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NAVY | BCNR | CY2004 | 06363-04
Original file (06363-04.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
         2 NAVY ANNEX     SJN
          WASHINGTON DC 20370-5100         Docket No: 06363- 04
                  29 March 2005

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 23 March 2005. 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 2 June 1975 at age 18. During the period from 20 December 1977 to 4 August 1978 you received three nonjudicial punishments (NJP’s) for four instances of absence from your appointed place of duty, 13 instances of disobedience, and assault. On 6 September 1978, as a result of a medical exam, you were diagnosed with habitual excessive abuse of alcohol and substance abuse. It was recommended that you remain on antabuse, attend Alcoholics Anonymous meetings, and be returned to full duty. On 17 December 1978 and 8 January 1979 you received NJP for two periods of unauthorized absence (UA) totaling 25 days and missing movement.
On 14 June 1979 when you were released from active duty at the expiration of your enlistment and transferred to the Naval Reserve. On 24 May 1981 you received a general discharge at the completion of your military obligation.
Characterization of service is based in part on conduct and proficiency averages computed from marks assigned on a periodic basis. At the time of your service, a conduct average of 3.0 was required for a fully honorable characterization of service. Your conduct average was 2.6. The Board, in its review of your application, carefully weighed all potentially mitigating factors, such as your youth and immaturity and contention that your military duties caused a disability. Nevertheless, the Board concluded these factors were not sufficient to warrant upgrading your discharge given the five NJP’s and your failure to attain the required average in conduct. Further, there is no evidence in the record to support your contention and you submitted no such evidence. 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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