DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 2633-05
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 13 November 1974 at age 17 with parental
consent. During the period of 6 August to 5 November 1975 you
received three nonjudicial punishments (NJP’s) for an unauthorized
absence (UA) of five days, failure to go to your appointed place of
duty, and larceny. You were counseled before your first NJP and after
your second and third NJP’s because of low evaluation marks in
performance, behavior, appearance, and adaptability; and due to your
lack of respect for authority, falling asleep on post, tardiness,
unsatisfactory appearance, and the need for constant supervision.
On 7 November 1975 the commanding officer initiated administrative
separation action, and advised you that you were being considered for
discharge for convenience of the government due to your substandard
performance and inability to adapt to the military environment. In
connection with this processing, you acknowledged the recommendation
for separation action and did not object to the discharge. Although
not all of the separation documents are on record, it appears the
separation authority
complied with all regulations in effect during that period and directed
separation with a general discharge. On 5 March 1982, you were so
discharged.
Characterization of service is determined, in part, by military behavior
averages computed from marks assigned on a periodic basis. Your final
military behavior average was 2.2. An average of 3.0 in behavior 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 and the
contention that you thought the discharge would be automatically upgraded
after six months. Nevertheless, the Board found that these factors and
contention were not sufficient to warrant recharacterization of your
discharge given your misconduct and final military behavior average.
Finally, there is no provision in law or regulations that allows f or
recharacterization due solely to the passage of time. Therefore, the Board
concluded that the discharge was proper as issued and no change is
warranted.
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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