DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 8481-06
4 February 2008
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 16 January 2008 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,
The Board found that you enlisted in the Navy on 12 January 1976.
You received five nonjudicial punishments and were convicted by
summary court-martial. The offenses included unauthorized
absences, willful disobedience of a lawful order, and violation
of a lawful general regulation. On 28 February 1979 you were
released from active duty and transferred to the Navy Reserve
with a characterization of service of honorable. On 3 February
1982 you received a general discharge from the Navy Reserve upon
the expiration of your enlistment.
Characterization of service is based, in part, on one’s conduct
and overall trait averages, both of which are computed from marks
assigned during periodic evaluations. Your conduct and overall
trait averages were 2.96 and 2.70, respectively. A minimum
conduct mark of 3.00 was required for a fully honorable
characterization of service at the time of your separation. In
addition, the Board concluded that an honorable characterization
of service is not warranted in your case, given your extensive
disciplinary record. The fact that your service was
characterized as honorable in 1979 when you were released from
active duty did not mandate that you be awarded an honorable
discharge at the expiration of your enlistment in 1982.
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,
bs
W. DEAN PFEIF
Executive Dir
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