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NAVY | BCNR | CY2005 | 02290-05
Original file (02290-05.doc) Auto-classification: Denied



                            DEPARTMENT OF THE NAVY
                             BOARD FOR CORRECTION OF NAVAL RECORD

                    2NAVYANNEX

            WASHINGTON DC 20370-5100


            SJN
            Docket No: 02290-05
            6 October 2005





      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 5
      October 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 14 August 1973 at age 20. During the
      period from 1 May to 24 June 1975 you received three nonjudicial
      punishments (NJP’s) for two instances of disobedience, a two-day
      period of unauthorized absence (UA), 35 specifications of disrespect,
      two specifications of absence from your appointed place of duty, and
      breaking restriction. On 15 July 1975 you were separated with a
      general discharge by reason of convenience of the government due to
      substandard behavior.

      Characterization of service is based in part on conduct and
      proficiency averages computed from marks assigned on a periodic
      basis. Your conduct average was 2.6. At the time of your service, a
      conduct average of 3.0 was required 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 However, the Board found that these factors and were not
      sufficient to warrant any change in your discharge given your














record of three NJP’s and your failure to attain the required average in
conduct. 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,



































                                      2

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