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NAVY | BCNR | CY2005 | 06323-05
Original file (06323-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
I3OARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON
DC 20370-5100
TRG
Docket No: 6323-05
5 May 2006

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 2 May 2006. 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Navy on 12 July 1950 at age 20 and served without incident for about 44 months. During this period you were advanced to petty officer second class, on 17 April 1954 you received nonjudicial punishment for absence from your duty station. You were honorably discharged on 12 May 1954.

In your application you are requesting the award of the Good Conduct Medal. You point out that you have a 4.0 average mark in conduct.

The requirements for a Good Conduct Medal in effect at the time of your service are as follows: (1) three years of service with no conviction by courts-martial or more than one lesser offense; (2) no periods of sickness due to misconduct; (3) a 3.8 average mark in conduct; (4) no conduct mark below 3.0; and (5) a 3.5 average mark in proficiency.

As indicated in the enclosed marks page, you only had an average mark of 3.4 in proficiency at the completion of three years of service, and a 3.4 average at the time of your discharge. Since you did not meet the proficiency requirement, the Board concluded that the award of the Good Conduct Medal is not 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,

W. DEAN PFEIFFER
Executive Director

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