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NAVY | BCNR | CY2005 | 06734-05
Original file (06734-05.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100         TRG
Docket No: 6734-05 30 September 2005







4UUUIIEIIUUEIIUFMUh
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 se~sion, considered your application on 20 September 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Naval Reserve on 11 September 1972 at age 20. Following completion of recruit training, you reported for two years of active duty on 27 February 1973. You received nonjudicial punishment On 23 March and 20 April 1973. Your offenses were five periods of unauthorized absence totaling about seven days and attempting to break restriction. On 20 April 1973 you were assigned adverse marks of 1.0 in several evaluation categories.

Based on the foregoing record, you were processed for an administrative discharge. In connection with this processing, you elected to waive the right to have your case heard by an administrative discharge board. Apparently, it was then decided to discharge you under the provisions of an “early out” program. After review, the discharge authority directed the type of discharge warranted by your service record.

Character of service is based, in part, on conduct and overall trait averages, which are computed from marks assigned during periodic evaluations. Your average mark in conduct was 2.3. A minimum average mark of 3.0 in conduct was required at the time
of your discharge for a fully honorable characterization of service.

In its review of your application, the Board carefully weighed all potentially mitigating factors, such as your youth and desire for a better discharge. The Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of misconduct and failure to achieve the required average mark in conduct. 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.

Please be advised that on 27 May 1987 a DD Form 215 was issued to correct the DD Form 214 issued on 10 May 1973. A copy of the DD Form 215 is enclosed for your information.

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 PF] Executive D

Enclosure

















2
CAUTION:         NOT TO BE USED FOR ________ IDENTIFICATION PURPOSES

Ii. ~
2.       DEPARTMENT, COMPONENT AND BRANCH

I WAVY-USNR
ANY ALTERATIONS IN SHADED AREAS RENDER FORM VOID

3.       SOCIAL SECURITY NO. (Also,

Service Number if applicable)



I
CORRECTED TO READ

         SEPARATION DATE ON DD FORM 214 BEING CORRECTED -         10 MAY 73
Ilc. BUPERSINST 1910.22a/BUPERSMAN 3850220 Code 303./CHNAvPERS LTR
F32NKW of 13. MAY 1973
         13a.     Under Honorable Conditions
         13b.     00257N
         17c.     27 FEB 73
-22a. ( ) 00 02 14
22a.
( ) 00 06 16
         22a.     (        )        00       09       00
         22b.     00 02 14
         26b.     NONE
******   ********************************* ** ***** ************** ************

This DD form 215 cancels and supersedes DD form 215 issued on
         24 MAY 73        on 23 AUG 78.
FICIAL AUTHORIZED TO SIGN
6.       DATE

B PLNO/J S/ ec

DO 1JUL79 215
S/N 01 02-LF-000-2 150
NMPC LIIAISOfl OFFICER. NPRC I
CORRECTION TO DD FORM 214, CERTIFICATE OF RELEASE OR
         DISCHARGE FROM ACTIVE DUTY       SERVICE -2
L~Z~.ZNAL I.JLI r-~.JYcIY~ £14 I~         11I~C~.ICU ITEM NO.
OF THIS FORM ARE OBSOLETE.

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