DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 2637-05
5 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 5 August 1975 at age 17 with parental
consent. On 31 July 1976 you were counseled because of low evaluation
marks in performance, behavior, appearance, and adaptability. You then
served without incident for about nine months. However, during the
period of 9 June to 17 August 1977 you received three nonjudicial
punishments (NJP’s) for five instances of unauthorized absence (UA)
totaling about 37 days, and failure to obey a lawful order by breaking
restriction. On 25 July 1977, while in a UA status, you were
apprehended by civil authorities and charged with burglary. You were
later found guilty of criminal trespass.
On 18 August 1977 the commanding officer initiated administrative
separation action, and advised you that you were being considered for
an administrative discharge by reason of unsuitability due to apathy.
In connection with this processing, you acknowledged the recommended
separation action and did not object to the discharge. On 24 August
1977 the separation authority approved the commanding officer’s
recommendation and directed your
separation with a general discharge. On 7 September 1977, 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 2.65. 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 your
desire for a better discharge. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of your discharge
given your repetitive misconduct and your failure to attain the required
average in military behavior. 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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